Ariz. Admin. Code § R4-28-502 - Advertising by a Licensee
A. A
salesperson or broker acting as an agent shall not advertise property in a
manner that implies that no salesperson or broker is taking part in the offer
for sale, lease, or exchange.
B.
Any salesperson or broker advertising the salesperson's or broker's own
property for sale, lease, or exchange shall disclose the salesperson's or
broker's status as a salesperson or broker, and as the property owner by
placing the words "owner/agent" in the advertisement.
C. A salesperson or broker shall ensure that
all advertising contains accurate claims and representations, and fully states
factual material relating to the information advertised. A salesperson or
broker shall not misrepresent the facts or create misleading
impressions.
D. A school shall
include its name, address and telephone number in all advertising of
Department-approved courses. The school owner, director, or administrator shall
supervise all advertising. The school owner shall ensure that the school's
advertising is accurate.
E. A
salesperson or broker shall ensure that all advertising identifies in a clear
and prominent manner the employing broker's legal name or the dba name
contained on the employing broker's license certificate.
F. A licensee who advertises property that is
the subject of another person's real estate employment agreement shall display
the name of the listing broker in a clear and prominent manner.
G. The designated broker shall supervise all
advertising, for real estate, cemetery, or membership camping brokerage
services.
H. A licensee shall not
use the term "acre," either alone or modified, unless referring to an area of
land representing 43,560 square feet.
I. Before placing or erecting a sign giving
notice that specific property is being offered for sale, lease, rent, or
exchange, a salesperson or broker shall secure the written consent of the
property owner, and the sign shall be promptly removed upon request of the
property owner.
J. The provisions
of subsections (E) and (G) do not apply to advertising that does not refer to
specific property.
K. Trade Names.
1. Any broker using a trade name owned by
another person on signs displayed at the place of business shall place the
broker's name, as licensed by the Department on the signs;
2. The broker shall include the following
legend, "Each (TRADE NAME or FRANCHISE) office is independently owned and
operated," or a similar legend approved by the Commissioner, in a manner to
attract the attention of the public.
L. The use of an electronic medium, such as
the Internet or web site technology, that targets residents of this state with
the offering of a property interest or real estate brokerage services
pertaining to property located in this state constitutes the dissemination of
advertising as defined in A.R.S. §
32-2101(2).
Notes
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