(A) Every real
estate broker, or real estate salesperson, acting in a capacity as such, who in
advertising of any nature performs or offers to perform an act contained in
section 4735.01 of the Revised Code or
in handling his or her own property, whether held
by deed, option or otherwise, shall be identified in such advertisement by
name. Name identification in advertising by a licensee
shall consist of only the name of the person, partnership, corporation, limited
liability company, limited liability partnership or association. A licensee may
advertise in a first name other than the name on the license or advertise with
the licensee's maiden name provided that the preferred first name or the maiden
name is not misleading and is registered with the division.
(B)
The name of the
brokerage shall be displayed at least in equal prominence with the name of the
salesperson in all advertising, including internet websites, that are within
the ownership or direct control of the licensee or the brokerage with which the
licensee is affiliated. A licensee shall not be considered to have violated
this rule if the terms of use or the format of a website or other advertising
medium not owned or controlled by the licensee does not allow the licensee to
control or direct the size and prominence of the brokerage and salesperson's
names.
(B)
(C)
Name identification in
advertising by a licensee shall consist only of the name of the person,
partnership, corporation, limited liability company, limited liability
partnership or association as it appears on the license issued thereto by the
division of real estate, except as herein otherwise provided.
(1) An individual licensee may use
the following in advertisements:
(a) A commonly accepted derivative
of the licensee's first name;
(b) The licensee's first name
abbreviated as an initial with the licensee's full middle name as it appears on
the license;
(c) The licensee's first and middle
name as it appears on the license abbreviated as an initial;
(d) A nickname in parenthesis or
quotation marks with the full licensed name.
(2)
(1) Where a person,
partnership, corporation, limited liability company, limited liability
partnership or association which is a real estate broker has received the
approval of the superintendent to conduct business under a trade name, such
trade name as it appears on the license issued by the division shall be the
identifying name used by such person, partnership, corporation, limited
liability company, limited liability partnership or association in all
advertising.
(2)
Where a person, partnership, corporation, limited
liability company, limited liability partnership or association which is a real
estate broker has received the approval of the superintendent to conduct
business under more than one trade name, such trade names as it appears on the
license and addendum issued by the division shall be the identifying name used
by such person, partnership, corporation, limited liability company, limited
liability partnership or association in all advertising. The licensee must
advertise in at least one of the approved trade names as it appears on the
license or addendum.
(3)
Words or abbreviations appearing on a real estate broker's license to indicate
the legal framework under which the licensee conducts business, such as "Inc."
or "Co.", are not required to appear in the advertising of such licensee. The
words "Realty" or "Real Estate," or the authorized use of
trade
franchise names or insignia indicating membership in a
real estate organization, although not part of the name, may be used by such
brokerages in advertising.
(C)
(D) All internet
advertising of real estate services as defined in section
4735.01 of the Revised Code
shall disclose the name of the
broker or
brokerage on every viewable web page of the website, except as herein otherwise
provided. For purposes of this rule, a web page is one that may or may not
scroll beyond the borders of the screen.
(1)
When advertising in electronic messages of limited information or characters a
licensee must provide a direct link to a display that is in compliance with
paragraph (C)
(D) of this rule.
(2) When advertising on an internet website
not owned or controlled by the licensee or a brokerage with which the licensee
is affiliated and that internet website's terms of use limit the licensee's
ability to comply with paragraph (C)
(D) of this rule, the licensee must provide a direct
link to a display that is in compliance with paragraph
(C)
(D) of
this rule on every viewable web page of the website.
(D)
(E)
Information on an internet website maintained by a licensee which becomes
outdated or expired, shall be updated within fourteen days of the information
becoming outdated or expired. Each website maintained by a licensee shall
disclose the date upon which the information contained therein was most
recently updated. If a licensee's website is maintained on the licensee's
behalf by a third party, the licensee shall provide to the third party, a
timely written notice, by mail, fax or electronic means, of any updates to
outdated or expired information, so that such updates may be accomplished in
accordance with this paragraph. A licensee who provides such timely notice
shall not be in violation of this paragraph, if the third party fails to effect
a requested change as notified.
(E)
(F) The requirements
of this rule only apply to advertising, or information on a website, that is
within the licensee's ownership and/or direct control. No licensee shall be
responsible for the accuracy of information taken from the licensee's website,
or other advertising, and placed on a website, or in other advertising, that is
outside the licensee's ownership and/or direct control.
(F)
(G) A
licensee shall not advertise or alter any information regarding a listing of
any property, that is not listed for sale, lease, or exchange with the
licensee's
broker or brokerage, unless the
licensee has first secured written permission of the
owner or owner's authorized agent and fully discloses in the advertisement the
name of the listing brokerage, in the same or larger size type as used to
describe the property. For purposes of this division, the term alter shall not
include limiting informational parts of a listing, provided such limitation,
the information is not inaccurate or misleading.
(1) The licensee has first secured
written permission of the owner or the owner's authorized agent and fully
discloses in the advertisement the name of the listing broker or brokerage as
provided in paragraph (G)(2) of this rule.
(2) Where such permission is
granted, a licensee advertising property, that is not listed with the
licensee's broker or brokerage, shall disclose that fact, in the same or larger
size type as the type used to describe the property, and the name of the
listing broker or brokerage.
(3) For purposes of this division,
the term alter shall not include limiting informational parts of a listing,
provided that by such limitation, the information is not inaccurate or
misleading.
(G)
(H) For purposes of
this rule, the term advertising or advertisement means any manner, method or
activity by which a licensed real estate broker or salesperson makes known to
the general public properties for sale or lease or any services for which a
real estate license is required, through the use of, including but not limited
to;
(1) Newspapers,
(2) Magazines,
(3) Radio,
(4) Television,
(5) Signs,
(6) Internet websites,
(7) Unsolicited mail,
(8) Voicemail,
(9) Email,
(10) Facsimile transmissions,
(11) Social networking sites,
(12) Blogs,
(13) Business cards,
(14) Property listing data base
service.
(H)
(I) The term advertising or advertisement does not
include forms of private communication between a licensee and a client,
customer or prospective client, including but not limited to the dissemination
of information about properties available for purchase or lease, private mail,
voicemail, email, password protected websites or facsimile transmissions,
provided such communications are initiated at the request of a client, customer
or prospective client.
(I) The name of the broker shall be
displayed in equal prominence with the name of the salesperson in all
advertising, including internet websites, that are within the ownership or
direct control of the licensee or the brokerage with which the licensee is
affiliated. A licensee shall not be considered to have violated this rule if
the terms of use or the format of a website or other advertising medium not
owned or controlled by the licensee does not allow the licensee to control or
direct the size and prominence of the brokerage and salesperson's
names.
Notes
Ohio Admin. Code
1301:5-1-02
Five Year Review (FYR) Dates:
1/3/2025 and
01/03/2030
Promulgated
Under: 119.03
Statutory
Authority: Ohio Revised Code Section
4735.10
Rule
Amplifies: Ohio Revised Code Sections
4735.06,
4735.16
Prior
Effective Dates: 12/31/1975, 12/14/1981, 01/04/1988, 04/01/2000, 11/16/2001,
06/21/2002, 07/01/2007, 01/01/2013,
02/10/2019
Effective: 2/10/2019
Five Year Review
(FYR) Dates: 11/26/2018 and
11/26/2023
Promulgated
Under: 119.03
Statutory
Authority: 4735.10
Rule
Amplifies: 4735.16,
4735.06
Prior
Effective Dates: 12/31/1975, 12/14/1981, 01/04/1988, 04/01/2000, 11/16/2001,
06/21/2002, 07/01/2007, 01/01/2013
