Real estate advertising does not have to look like a traditional listing advertisement to create a compliance issue.
A Facebook post about a property, a Marketplace ad, a classified listing, a yard sign, a flyer, or an online post containing an agent’s phone number may all raise advertising concerns when a real estate licensee is using them to market real estate.
One particularly important issue for Florida real estate agents is blind advertising.
A blind ad is advertising that fails to make it sufficiently clear to the consumer that they are dealing with a real estate licensee or fails to properly identify the licensed brokerage.
That can become especially relevant with For Sale By Owner (FSBO) properties, where the presentation of an advertisement can easily leave consumers believing they are communicating directly with a property owner rather than a licensed real estate professional.
What Is Blind Advertising in Florida Real Estate?
Florida’s real estate advertising rule establishes a straightforward standard:
“All advertising must be in a manner in which reasonable persons would know they are dealing with a real estate licensee.”
Florida Administrative Code Rule 61J2-10.025 also requires real estate advertisements to include the licensed name of the brokerage firm.
In other words, a real estate licensee should not advertise property in a way that leaves a reasonable consumer unaware that the person behind the advertisement is a licensed real estate professional.
Consider this advertisement:
3-bedroom home for sale. Call John at 321-270-3388.
If John is a licensed real estate sales associate advertising the property in that capacity, the advertisement could create a problem. Nothing in that example tells a consumer that John is a real estate licensee or identifies the brokerage with which he is registered.
The consumer might reasonably assume that John owns the property.
A Real Estate Agent Shouldn’t Look Like a Private Seller
This becomes particularly important when dealing with FSBO properties.
Suppose an agent posts:
FOR SALE BY OWNER
Beautiful 4-bedroom home.
Call John: 321-270-3388
A consumer seeing the advertisement could reasonably conclude that John is the homeowner.
If John is actually a Florida real estate licensee using the property to generate inquiries as a real estate professional, disguising or obscuring that status is exactly the type of situation agents should avoid.
Adding the fact that the property itself is genuinely For Sale By Owner doesn’t eliminate the licensee’s advertising responsibilities.
The better approach is transparency.
For example:
For Sale By Owner Property
John Smith, Real Estate Sales Associate
Easy Realty
321-270-3388
Now the consumer can immediately see that John is a real estate professional associated with Easy Realty rather than assuming that he owns the property.
The Rule Isn’t Limited to FSBO Properties
Although FSBO advertising provides an obvious example, Florida’s advertising requirements are much broader.
Agents should keep these requirements in mind whenever they advertise or market real estate in their capacity as a licensee.
That can include:
- Properties listed by the agent
- FSBO properties
- Properties listed by another agent or brokerage
- Properties being promoted to prospective buyers
- Social media property advertisements
- Online classified advertisements
- Property flyers
- Digital advertisements
- Lead-generation advertising involving particular properties
- Other marketing designed to generate real estate inquiries
There is an important distinction, however.
Complying with Florida’s disclosure requirements does not automatically give an agent permission to advertise someone else’s property.
MLS rules, brokerage policies, authorization from the appropriate party, copyright considerations, and other advertising requirements may also apply.
Putting the brokerage’s name on an advertisement solves only one part of the compliance question.
Florida Has Specific Requirements for Internet Advertising
Florida Administrative Code Rule 61J2-10.025 specifically addresses Internet advertising.
When advertising on an Internet site, the licensed brokerage firm’s name must be placed adjacent to, immediately above, or immediately below the point-of-contact information.
The rule defines point-of-contact information broadly and includes things such as:
- Telephone numbers
- Email addresses
- Mailing addresses
- Physical street addresses
- Fax numbers
That detail matters.
An agent shouldn’t assume that placing the brokerage name somewhere else on a webpage necessarily addresses the requirement associated with the agent’s contact information.
If your phone number or other contact information appears in an online real estate advertisement, pay attention to where the brokerage’s licensed name appears in relation to it.
Social Media Can Still Be Real Estate Advertising
Agents sometimes treat social media differently because posting on Facebook, Instagram, or another platform feels less formal than purchasing a traditional advertisement.
The medium doesn’t make the underlying advertising issue disappear.
If you’re using a property to promote your real estate services, attract inquiries, generate leads, or solicit real estate business, don’t rely on the informal appearance of social media as a reason to obscure your professional status.
A consumer should not have to investigate your profile, Google your name, or click through several pages before discovering that you are a real estate licensee.
Make it clear.
Your Personal Phone Number Doesn’t Change the Rule
Another potential trap is using a personal phone number.
For example:
Thinking about this home? Call John at 321-270-3388.
Whether the contact number is personal, brokerage-provided, or otherwise used by the agent doesn’t change the basic advertising requirement.
If you’re advertising real estate as a licensee, your advertising should appropriately identify your professional status and brokerage.
The important question is whether a reasonable consumer understands that they’re dealing with a real estate licensee.
Your Name Also Matters
Florida’s advertising rule addresses how a licensee’s personal name appears in advertising.
When a licensee’s personal name is used, at least the licensee’s last name must appear in the manner in which it is registered with the Florida Real Estate Commission.
Agents should therefore avoid improvising identities, aliases, abbreviated names, or advertising presentations without first considering whether the name being used complies with Florida’s licensing and advertising requirements.
What About Your Own Property?
Agents should be particularly careful when their personal and professional roles overlap.
Owning the property yourself doesn’t mean you should automatically assume that normal real estate advertising rules no longer matter when you’re advertising or marketing it as a licensee.
The safest principle is transparency.
If you’re acting in your professional capacity as a real estate licensee, don’t structure an advertisement in a way that hides that fact from consumers.
Don’t Try to Make an Advertisement Look Like Something It Isn’t
Ultimately, Florida’s rule is built around a remarkably simple concept:
Would a reasonable person understand that they’re dealing with a real estate licensee?
That’s a useful question to ask before publishing any property advertisement.
If the answer is unclear, fix the advertisement before publishing it.
Don’t create advertisements that intentionally or unintentionally make you look like:
- The homeowner
- An ordinary member of the public
- An unlicensed individual selling property privately
when you’re actually marketing the property or soliciting business as a licensed real estate professional.
A Simple Advertising Check for Florida Agents
Before publishing property-related advertising, stop and check:
Does the advertisement make it clear that I am a real estate licensee?
Does it include the licensed name of my brokerage?
For Internet advertising, is the brokerage name positioned correctly in relation to my contact information?
If my personal name appears, am I using it consistently with my Florida real estate license registration?
Do I have the necessary authority to advertise this property?
Could a reasonable consumer mistakenly believe that I am the property owner or a private individual rather than a real estate professional?
If any of those questions gives you pause, review the advertisement before publishing it.
The Bottom Line
Blind advertising is more than a branding problem.
Florida real estate advertising must be structured so that reasonable consumers know when they are dealing with a real estate licensee, and real estate advertisements must identify the licensed brokerage firm.
That principle applies far beyond traditional MLS listing advertisements.
For Florida agents, the simplest rule is also the best one:
Don’t hide the fact that you’re a real estate professional.
When you’re advertising real estate as a licensee, make your professional role and brokerage affiliation clear.
For Easy Realty agents, that means making sure Easy Realty is properly identified when advertising real estate on behalf of the brokerage and that advertising complies with Florida Administrative Code Rule 61J2-10.025 and applicable brokerage advertising requirements.
