OAR 863-015-0125
Advertising
(1)
As used in this rule, “advertising” and “advertisement” include all forms of meaningful communication by or on behalf of a real estate broker or principal broker designed to attract the public to the use of services related to professional real estate activity. This includes, but is not limited to:(a)
Print, including, but not limited to mail, publications, brochures, postcards, business cards, and stationery;(b)
Signs, including but not limited to lawn signs, displays, and billboards;(c)
Phone, including but not limited to mobile phone, text messaging, cold calling, and outgoing voicemail messaging;(d)
Broadcast media, including but not limited to radio, television, podcasts, and video; and(e)
Electronic media, including but not limited to multiple listing services, websites, email, social media, mobile apps, and other online marketing.(2)
Advertising shall:(a)
Be identifiable as advertising of a real estate licensee;(b)
Be truthful and not deceptive or misleading;(c)
Not state or imply that the licensee is a principal broker or is responsible for operating the registered business if the licensee is a real estate broker;(d)
Not state or imply that the licensee is responsible for operating the registered business if the licensee is a principal broker but not the authorized licensee for the registered business name as defined in OAR 863-014-0063 (Real Estate License Transfers, Principal Brokers’ Responsibilities, Authority to Use Registered Business Name);(e)
Not state or imply that the licensee is qualified or has a level of expertise other than as currently maintained by the licensee; and(f)
Be conducted only with the written permission of the property owner(s) or authorized agent of the owner(s) if for the purpose of offering real estate for sale, exchange, or lease.(3)
Advertising that includes the licensee’s name shall use one of the following:(a)
The licensee’s licensed name;(b)
A common derivative of the licensee’s first name and the licensee’s licensed last name; or(c)
An alternative name registered with the Agency per OAR 863-014-0067 (Alternative Name Registration) and the licensee’s license number.(4)
The registered business name, as registered with the Agency, shall be immediately noticeable in all advertising.(5)
Advertising in electronic media is subject to the following requirements:(a)
Advertising shall comply with all other requirements of this rule;(b)
Advertising by a real estate broker or principal broker shall include on its primary or home page:(A)
The licensee’s name as required in section (3) of this rule; and(B)
The registered business name as registered with the Agency.(c)
Sponsored links, which are paid advertisements located on a search engine results page, are exempt from the requirements contained in subsection (b) of this section if the first page following the link complies with subsection (b).(d)
An email or text message from a licensee is exempt from the requirements of subsection (b) of this section if the licensee’s initial communication contained the information required by subsection (a).(e)
Advertising on social media is exempt from the requirements contained in subsection (b) of this section if the advertising links to the account profile page or a separate page that complies with subsection (b).(6)
No advertising may guarantee future profits from any real estate activity.(7)
A licensee may use the term “team” or “group” to advertise if:(a)
The use of the term does not constitute the unlawful use of a trade name and is not deceptively similar to a name under which any other person is lawfully doing business;(b)
The team or group includes at least one active real estate licensee;(c)
The licensee members of the team or group are associated with the same principal broker;(d)
The licensee member uses the licensee’s name as required under section (3) of this rule;(e)
If any non-licensed individuals are named in the advertising, the advertising shall clearly state which individuals are real estate licensees and which ones are not; and(f)
The advertising complies with all other applicable provisions of ORS Chapter 696 (Real Estate and Escrow Activities) and its implementing rules.
Source:
Rule 863-015-0125 — Advertising, https://secure.sos.state.or.us/oard/view.action?ruleNumber=863-015-0125.