Checklist for Real Estate Advertising
New York State Department of State's self-audit checklist for license, name, business card, sign, website and email compliance. Run your own marketing against it periodically.
Source: New York State Department of State, Division of Licensing Services — Appearance Enhancement, P.O. Box 22049, Albany, NY 12201-2049. This list is not exhaustive; it covers the most common issues with real estate advertising. Questions: licensing@dos.ny.gov or (518) 474-4429, 8:30am–4:30pm Monday–Friday.
License and Name Information
Use of incorrect license titles such as "licensed sales agent" or simply "broker" is inappropriate.
Associate brokers and salespersons are not permitted to advertise as corporate officers.
Use of nicknames is permitted, but the full licensed name must also appear. Middle names and initials may be omitted.
The name of the real estate brokerage, as it appears on the license, must be displayed in the advertisement.
"Team Names" are allowed provided: 1) the full licensed name(s) of the "team members" are included in the "Team Name"; or 2) the "Team Name" is followed by "at/of (full name of the brokerage)". The term "Team" must also appear in the name.
Business Cards
Cards may include other information provided it's clearly identified as an alternative contact (e.g., "cell phone"), but information linking the person on the card to the real estate brokerage must be included.
For-Sale Signs
For-sale signs are allowed, but they must contain at least the name of the real estate brokerage offering the property for sale or lease. Identifying only the individual licensee is insufficient.
Internet and Emails
Associate brokers, salespersons and teams may run their own websites, but must link to their broker's website if the broker of record maintains one.
With consent of the exclusive listing broker, a licensee may display another broker's listing (e.g., via MLS/IDX, or on a paid lead-gen site) provided the exclusive brokerage's name is shown preceded by a phrase such as "Listing Provided by [name]", "Listing Courtesy of [name]", or "Listing Agent Contact [name]".
The word "advertisement" must appear following your name on that page, with the listing broker's consent.
An initial email from a broker, associate broker, salesperson or team to a client or potential client must include the Department's required information. It may be omitted from subsequent emails to the same recipient.
Salespeople and associate brokers must link to the Fair Housing Notice on their individual websites.
Other Concerns
They aren't always prohibited, but you must clearly disclose to the seller the consequences — possibly less buyer interest, a lower sale price, and a longer time on market.
The advertising rules apply the same to every license holder. Agents specializing in commercial listings must comply with the same rules as residential.
Ask before it goes live
A two-minute check with the broker is faster — and cheaper — than a fine after the fact.