20 CSR 2250-8.070 - Advertising
(1) Disclosure.
(A) A licensee shall not advertise to sell,
buy, exchange, rent, lease, or manage property in any manner indicating that
the offer to sell, buy, exchange, rent, lease, or manage the property is being
made by a private party not engaged in the real estate business. If any part of
the offering, negotiation, or completion of a real estate transaction is to be
handled by, through, or under the direction or supervision of a licensee,
directly or indirectly, the licensee shall not advertise or represent to the
public in any manner that the property is for sale or lease by the
owner.
(B) If a licensee advertises
to sell, buy, exchange, rent, lease, or manage property in which the licensee
has an interest, and if the property is not listed by a brokerage entity, the
advertisement shall contain, in a prominent fashion, one (1) of the following:
1. By owner-broker;
2. By owner-salesperson; or
3. By owner-agent.
(C) Nothing in this section shall be
construed to eliminate the disclosure requirements found elsewhere in these
rules, including those contained in
20 CSR
2250-8.110.
(2) No real estate advertisement by a
licensee shall show only a post office box number, telephone number, or street
address. Every advertisement of real estate by a licensee shall contain the
broker's regular business name or the name under which the broker or the
broker's firm is licensed and shall indicate that the party advertising is a
real estate broker and not a private party.
(3) Every advertisement of real estate by a
licensee where the licensee has no interest in the real estate shall be made
under the direct supervision and in the name of the broker or firm who holds
the licensee's license. If the licensee's name or telephone number, or both, is
used in any advertisement, the advertisement also shall include the name and
telephone number of the broker or firm who holds the licensee's
license.
(4) No licensee shall
advertise to buy, sell, rent, lease, manage, or exchange property in any manner
that indicates, directly or indirectly, any unlawful discrimination against any
individual or group because of race, color, religion, national origin,
ancestry, sex, handicap, or familial status.
(5) No licensee or group of licensees shall
advertise as a real estate company in any manner, or use any name, team name,
or other term that could be construed by members of the public as the
advertiser being a real estate partnership, company, brokerage, or business
entity, unless the advertiser holds a valid appropriate entity license.
(A) Such terms include use of the words
realty, brokerage, company, or other terms that may be construed as a real
estate entity.
(B) The context of
the advertisement or solicitation may be considered by the commission when
determining whether a licensee has committed a violation. When the licensee's
or group of licensee's name includes or incorporates the name of the
broker/brokerage with whom the licensee or group of licensee's is currently
affiliated, the use of the words realty, brokerage, or company in the
licensee's fictitious name shall not constitute a violation of subsection
(5)(A) above when these words are used to refer to or identify the licensee's
affiliation with the broker/brokerage.
(C) A licensee or group of licensees that are
not entities under Chapter 339, RSMo, who want to advertise with the licensee's
or group's fictitious name, should file with the secretary of state a
registered fictitious name that is owned by the broker/brokerage in which the
licensee or group of licensees are affiliated. The registration of a fictitious
name with the Missouri Secretary of State's Office does not exempt a licensee
or group of licensees from the requirements of 20 CSR 22508.070(3) or
subsection (5)(A) above.
(6) Guaranteed Sales.
(A) As used in this rule, the term guaranteed
sales plan includes, but is not limited to-
1.
Any plan in which a seller's real estate is guaranteed to be sold; or
2. Any plan where a licensee or anyone
affiliated with a licensee will purchase a seller's real estate if it is not
purchased by a third party in the specified period of a listing or within some
other specified period of time.
(B) Any written advertisement by a licensee
of a guaranteed sales plan shall include a statement advising the seller that
if the seller is eligible, costs and conditions may apply and advising the
seller to inquire of the licensee as to the terms of the guaranteed sales
agreement. This information shall be set forth in print at least one-fourth
(1/4) as large as the largest print in the advertisement.
(C) Any radio or television advertisement by
a licensee of a guaranteed sales plan shall include a conspicuous statement
advising if any conditions and limitations apply.
(D) Every guaranteed sales agreement must be
in writing and contain all of the conditions and other terms under which the
property is guaranteed to be sold or purchased including the charges or other
costs for the service or plan, the price for which the property will be sold or
purchased, and the approximate net proceeds the seller may reasonably expect to
receive.
Notes
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