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Checklist for Real Estate Advertising
INTERNET and EMAILS
Do all websites created and maintained by the licensee contain a link to the real estate brokerage's website? .......... Yes
Associate real estate brokers, real estate salespersons and teams are permitted to operate their
own websites, but they must have a link to their real estate broker's website if the real estate
broker of record maintains their own website.
Does each page of a website advertisement, where a property is displayed including a search results page, provide a clear
and conspicuous disclosure identifying the exclusive listing broker?.............................................................................
Yes
With consent of the exclusive listing broker, one licensee may provide listing information
regarding property listed with another broker through their own website (e.g., MLS/IDX), or
referenced on a third-party paid website (e.g., lead generation websites) provided the name of
the exclusive brokerage is indicated and is preceded by one of the following phrases:
“Listing Provided by [insert name of the exclusive listing broker]”
“Listing by [insert name of exclusive listing broker]”
“Listing Broker Contact [insert name of exclusive listing broker]”
“Listing of [insert name of exclusive listing broker]”
“Listing Provided Courtesy of [insert name of exclusive listing broker]”
“Listing Courtesy of [insert name of exclusive listing broker]”
"Listing Agent Contact [insert name of exclusive listing broker]”.
If you are using a website for leads that references properties listed with another real estate broker, does the page clearly
and conspicuously indicate that it is an advertisement?..................................................................................................
Yes
Licensees are permitted to advertise using a third-party paid website, but when the website refers to listings that
are subject to an exclusive listing of another real estate broker, that page must also display, at a minimum, the word
"advertisement" following your name (provided that the listing broker has provided such consent).
Do initial emails contain the required disclosures provided by the Department's rules? …………….………………......
Yes
An initial e-mail from a real estate broker, associate real estate broker, real estate salesperson
or team to a client or potential client shall provide the information required by the Department’s
regulations. Such information may be omitted from subsequent e-mail communications to the
same recipient.
Does the advertisement, if a website, link the Fair Housing Notice? …………………..…………….………………......
Yes
Salespeople and associate brokers must have a link on their individual websites to the Fair Housing Notice.
OTHER CONCERNS
Are "pocket listings" (sometimes called "coming soon listings") allowed? .................................................................... Yes
A "pocket listing" is a listing which is not generally marketed to the public. These listing are not
always prohibited, but a licensee must clearly disclose to the seller the consequences of taking
a "pocket listing" such as, possibly less interest in the property thereby resulting in a lower sale
price, and potentially longer marketing times.
Are all advertisements, regardless of the type of property being marketed, following the same rules?........................
Yes
The advertising rules apply the same for all license holders. Licensees that "specialize" in
commercial listings must comply with the same rules that are applicable for residential
listings.
If you have questions regarding advertisements, please email them to the Department at
[email protected] or contact (518) 474-4429. Call Center Representatives are available from 8:30am to 4:30pm Monday through Friday except on Legal Holidays.
ALBANY OFFICE: One Commerce Plaza, 99 Washington Avenue, P.O. Box 22001, Albany, NY 12201-2001
Customer Service (518) 474-4429
Website: www.dos.ny.gov E-Mail: [email protected]