230 R.I. Code R. 230-RICR-30-20-2.25

Current through December 3, 2024

Section 230-RICR-30-20-2.25 - Advertising

A. Unless otherwise stated herein, categories of advertising include but are not limited to any publication, sign, radio, television or internet broadcasts, billboards, business stationary, business cards, business and legal forms, email, websites, social media and other internet media, printed materials, items, and documents.

B. A licensee shall not advertise in any way that is false or misleading.

C. General Requirements for all Advertising by Licensees

1. All advertising shall include the name of the brokerage or principal broker under which the Licensee and/or Team is licensed to do business.

a. The name of the Brokerage shall be displayed so that it is larger and more prominent than any included name of a Licensee or Team. The name of the Brokerage should be in close proximity to the Licensee's name and/or Team's name.

b. When the name of a Licensee or Team is contained in any advertising, except on business cards, it shall be in print smaller and less conspicuous than that of the brokerage.

c. Team names and Licensee names shall not be displayed in such a manner that they could be construed to be a Brokerage name.

d. Team names shall include the word "Team" or "Group" in all advertising.

e. Team names shall not include the following words or any derivation thereof:

(1) Agency;

(2) Associates;

(3) Brokerage;

(4) Brokers;

(5) Company;

(6) Corporation, Corp. or Inc.;

(7) Firm;

(8) LLC, LP, LLP;

(9) Partners, Partnership;

(10) Property, Properties; or

(11) Realty

D. Print Advertising

1. In all forms of print media, including but not limited to yard signs, billboards, business cards, business and legal forms, automobile signage, promotional items, etc., the Brokerage's information shall:

a. Be in a font size larger than any Licensee or Team name in the advertisement;

b. Be as visible or more visible than any Licensee or Team name in the advertisement; and

c. Not be obstructed more than any other content in the advertisement.

2. The business card of any licensed salesperson shall clearly indicate that his or her license is as a Salesperson or an Associate Broker.

E. Internet Advertising

1. Licensees, including Teams of Licensees, may only maintain websites that have been approved by the Principal Broker.

2. In all online advertising and websites, the Brokerage's name and contact information shall:

a. Appear on the home or landing page as well as on every viewable page of the licensee or team's advertisements or websites; and

b. Be prominently displayed larger and in close proximity to the licensee's or Team's information.

3. Additionally, all social media advertising shall prominently display the Brokerage's name:

a. Larger and in close proximity to the Licensee's or Team's information on the Licensee's or Team's profile or landing/home page; and

b. Larger and accessible within 'one (1) click' or 'one (1) tap' of any character-limited post, section or page posted by or in the Licensee's or Team's account.

F. Live or Recorded Audio and Video In all live or recorded television, video or radio advertising, including when broadcast on the Internet, shall disclose the Brokerage name in a manner that is conspicuous, discernible and easily identifiable to the public.

G. Logos

1. Teams and individual Licensees may use logos approved by the principal broker as long as the Brokerage name is present, larger and more prominent than the Team or individual Licensee's logo.

2. The use, advertising, or display of any insignia, emblem, logo, or trade name of any bona fide trade association by any licensee provided that the licensee is a member of such trade association is permitted.

H. Additional Advertising Requirements

1. Any advertisement shall contain the words "to a qualified buyer" if it refers to the amounts of down payment or the monthly payment carrying charges or indicates that a mortgage is obtainable (where the mortgage referred to is not already a lien against the premises advertised).

2. Any advertisement that sets forth amounts of down payment, monthly payment, carrying charges, taxes or mortgage money obtainable shall contain appropriate qualifying words such as "approximate" or "estimated." The qualifying words shall be clearly associated with the amounts set forth. If such amounts are mentioned without qualification, the licensee shall maintain written proof of the validity of such statements in his or her files. Such written proof shall be maintained for a period of three (3) years from the date upon which an advertisement containing such unqualified references shall have last appeared in any publication.

3. With the exception of magazine or newspaper advertisements published under municipality headings, any advertisement for the sale, exchange, or rental of residential real property placed by a licensee, shall designate the municipality containing the property.

4. Any licensee advertising the trade name of an affiliated franchisor shall include in such advertising in a conspicuous manner the operating name of the brokerage that owns the franchise. Any licensee, including the franchisee using the trade name of a franchisor in any advertising, shall also include in a conspicuous manner the statement, "Each office independently owned and operated," except for the following categories of advertising:

a. "For Sale" signs located on the premises of specific properties for sale; and

b. Small "spot" classified advertising by a single franchised licensee.

5. Advertising by a licensee referring generally to membership in any real estate multiple listing service operation shall specify the complete name of the listing service in which membership is held, except in the following categories of advertising:

a. "For Sale" signs located on the premises of specific properties for sale;

b. Small "spot" classified advertising by a single licensee;

c. Business cards; and d. Business signs.

d. Business signs.

6. Any advertising that contains an offer for a home warranty contract shall specify the essential terms of the home warranty contract offer and shall also indicate whether the warranty offer is mandatory. Essential home warranty terms are limited to components/structure in an inspection warranty and to components only in the case of a non-inspection warranty. Advertising shall comply with all Federal and State warranty legislation, including the Magnuson-Moss Warranty Act, Pub. Laws 93-637, and 15 U.S.C. § 2301, et seq.

7. A licensee may not advertise or distribute promotional material offering rebates or discounts including, but not limited to, discount plans or coupons redeemable for the discounted purchase of goods or services, if such advertisement or promotional material creates a likelihood of confusion or misunderstanding, or is false, deceptive or misleading to the reasonable person. Every advertisement or piece of promotional material shall clearly and completely disclose to the consumer all material terms and conditions of the offering.

8. All licensees shall adhere to truth in lending requirements and shall not participate in paying of seller's costs or any payments to reduce interest costs.

230 R.I. Code R. 230-RICR-30-20-2.25

Amended effective 11/27/2019
Amended effective 5/1/2021
Amended effective 2/21/2022