Kan. Admin. Regs. § 86-3-7

Current through Register Vol. 43, No. 49, December 5, 2024

Section 86-3-7 - Advertising

(a) For the purposes of this regulation and K.S.A. 58-3034 et seq. and amendments thereto, "advertisement" and "advertising" shall mean communication in any form of media between a licensee or other entity acting on behalf of one or more licensees and consumers or the public, for any purpose related to licensed real estate activity. These terms shall include business cards, signs, insignias, letterheads, telephone or electronic mail, radio, television, newspaper and magazine advertisements, internet advertising, web sites, social media or social networking, display or group advertisements in telephone directories, and billboards.

(b) No employed or associated salesperson or associate broker may include in an advertisement a name or team name that meets any of the following conditions:

(1) Uses the term "realty," "brokerage," "company," or any other term that can be construed as a real estate company separate from the supervising broker's company;

(2) is more than two times larger in font size than the font size of the supervising broker's trade name or business name; or

(3) is not adjacent to the supervising broker's trade name or business name in any internet, web site, social media, or social networking advertisement.

(c) The context of an advertisement may be considered by the commission when determining whether the employed or associated salesperson or associate broker committed a violation under subsection (b).

This regulation shall be effective on and after July 1, 2020.

Kan. Admin. Regs. § 86-3-7

Authorized by K.S.A. 2019 Supp. 74-4202; implementing K.S.A. 2019 Supp. 58-3086; effective Jan. 1, 1966; amended Jan. 1, 1974; amended, E-76-18, April 29, 1975; modified, L. 1976, ch. 332, May 1, 1976; amended, E-81-18, July 16, 1980; amended May 1, 1981; amended Dec. 20, 1993; amended by Kansas Register Volume 39, No. 3; effective 7/1/2020.