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Forms & Checklists · Checklists

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

Is the correct license title displayed (e.g., "licensed real estate salesperson")?

Use of incorrect license titles such as "licensed sales agent" or simply "broker" is inappropriate.

Are corporate titles (e.g., president, vice president) used only by the brokers of record?

Associate brokers and salespersons are not permitted to advertise as corporate officers.

Does the advertisement contain your full name, as it appears on your Department license?

Use of nicknames is permitted, but the full licensed name must also appear. Middle names and initials may be omitted.

Does the advertisement contain the correct name of the real estate brokerage?

The name of the real estate brokerage, as it appears on the license, must be displayed in the advertisement.

Does the advertisement contain an appropriate "Team Name"?

"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

Does the card include the business address, office telephone, license type, and the name of the broker or brokerage?

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

Do all for-sale signs identify the broker or real estate brokerage?

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

Do all websites maintained by the licensee contain a link to the brokerage's website?

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.

Does each page where a property is displayed (including search results) clearly disclose the exclusive listing broker?

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]".

If using a lead-gen website referencing another broker's listing, is the page clearly marked as an advertisement?

The word "advertisement" must appear following your name on that page, with the listing broker's consent.

Do initial emails contain the required disclosures under the Department's rules?

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.

Does the website link to the Fair Housing Notice?

Salespeople and associate brokers must link to the Fair Housing Notice on their individual websites.

Other Concerns

Are "pocket listings" (sometimes called "coming soon" listings) allowed?

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.

Do all advertisements follow the same rules, regardless of property type?

The advertising rules apply the same to every license holder. Agents specializing in commercial listings must comply with the same rules as residential.

Not sure if something's compliant?

Ask before it goes live

A two-minute check with the broker is faster — and cheaper — than a fine after the fact.

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