FOLLOWING THE RULES WITH FACEBOOK CONTENT

FOLLOWING THE RULES

WITH FACEBOOK

CONTENT

STATE LAW

Broker’s Act

NAR “LAW”

Article 12

ACCORDING TO FACEBOOK'S TERMS OF

USE IN SECTION 4, #4: "YOU WILL NOT USE

YOUR PERSONAL PROFILE FOR YOUR OWN

COMMERCIAL GAIN.

FAIR HOUSING

• Advertising cannot discriminate...

• Race

• Color

• National Origin

• Religion

• Sex

• Handicap

• Familial Status

• Creed – Tennessee

• Sexual Orientation - COE

• Gender Identity - COE

FACEBOOK CONTENT

• members.houselogic.com

• rismedia.com

• housingwire.com

• realtor.com

• inman.com

• realtormagazine.com

• nar.realtor

• Magazines of your choice

TREC ADVERTISING RULES

1260-02-.12 ADVERTISING.

(1) All advertising, regardless of its nature and the medium in which it appears, which promotes either a

licensee or the sale or lease of real property, shall conform to the requirements of this rule. The term

“advertising,” for purposes of this rule, in addition to traditional print, radio, and television advertising,

also includes, but is not limited to, sources of communication available to the public such as signs, flyers,

letterheads, e-mail signatures, websites, social media communications, and video or audio recordings

transmitted through internet or broadcast streaming. Advertising does not include promotional

materials that advertise a licensee such as hats, pens, notepads, t-shirts, name tags, business cards, and

the sponsorship of charitable and community events.

(2) For purposes of this rule, the term “firm name” shall mean either of the following:

(a) The entire name of the real estate firm as licensed with the Commission; or (b) The d/b/a name,

if applicable, of the real estate firm as licensed with the Commission.

(3) General Principles

(a) No licensee shall advertise to sell, purchase, exchange, rent, or lease property in a manner

indicating that the licensee is not engaged in the real estate business.

(b) All advertising shall be under the direct supervision of the principal broker and shall list the

firm name and the firm telephone number as listed on file with the Commission. The firm name

must appear in letters the same size or larger than those spelling out the name of a licensee or

the name of any team, group or similar entity:

as licensed with the Commission.

(d) No licensee shall post a sign in any location advertising property for sale, purchase,

exchange, rent or lease, without written authorization from the owner of the advertised

property or the owner’s agent.

(e) No licensee shall advertise property listed by another licensee without written authorization

from the listing agent or listing broker.

(f) No licensee shall advertise in a false, misleading, or deceptive manner. False, misleading,

and/or deceptive advertising includes, but is not limited to, the following:

1. Any licensee advertising that includes only the franchise name without including the

firm name;

2. Licensees who hold themselves out as a team, group, or similar entity within a firm

who advertise themselves utilizing terms such as “Real Estate,” “Real Estate Brokerage,”

“Realty,” “Company,” “Corporation,” “LLC,” “Corp.,” “Inc.,” “Associates,” or other similar

terms that would lead the public to believe that those licensees are offering real estate

brokerage services independent of the firm and principal broker; or

3. Any webpage that contains a link to an unlicensed entity’s website where said entity

is engaged or appears to be engaged in activities which require licensure by the

Commission.

(4) Advertising for Franchise or Cooperative Advertising Groups

(a) Any licensee using a franchise trade name or advertising as a member of a cooperative group

shall clearly and unmistakably indicate in the advertisement his name, firm name and firm

telephone number (all as registered with the Tennessee Real Estate Commission) adjacent to

any specific properties advertised for sale or lease in any media.

(b) Any licensee using a franchise trade name on business cards, contracts, or other documents

relating to real estate transactions shall clearly and unmistakably indicate his name, firm name,

and firm telephone number (all as registered with the Commission).

(5) Internet Advertising: In addition to all other advertising guidelines within this rule, the following

requirements shall also apply with respect to internet advertising by licensees:

(a) The firm name and the firm telephone number listed on file with the Commission must

conspicuously appear on each page of the website.

(b) Each page of a website which displays listings from an outside database of available

properties must include a statement that some or all of the listings may not belong to the firm

whose website is being visited.

Generation” advertising as it is placed by the licensee and does not refer to such advertising that

may be syndicated or aggregated advertising of the original by third parties outside of the

licensee’s control and ability to monitor.

(6) Social Media Advertising

(a) For the purpose of this rule, “social media” means internet-based applications or platforms

that allow the public to create and share content and information. Examples include, but are not

limited to: Facebook, Twitter, Instagram and LinkedIn.

(b) With regards to social media advertising by licensees, the firm name and firm telephone

number listed on file with the Commission must be no more than one click away from the

viewable page.

Generation” advertising as it is placed by the licensee and does not refer to such advertising that

may be syndicated or aggregated advertising of the original by third parties outside of the

licensee’s control and ability to monitor.

(7) Guarantees, Claims and Offers

(a) Unsubstantiated selling claims and misleading statements or inferences are strictly

prohibited.

(b) Any offer, guaranty, warranty or the like, made to induce an individual to enter into an

agency relationship or contract, must be made in writing and must disclose all pertinent details

on the face of such offer or advertisement.

62-13-310 (b) (b)

Licensees may not post signs on any property advertising themselves as the real estate agents

unless the firm’s name appears on the signs in letters the same size or larger than those spelling

out the name of the licensee.

62-13-312 (3) (4)

(3) Pursuing a continued and flagrant course of misrepresentation or making of false promises

through affiliate brokers, other persons, any medium of advertising or otherwise;

(4) Misleading or untruthful advertising, including use of the term “realtor” by a person not

authorized to do so, or using any other trade name, insignia or membership in any real

estate association or organization of which the licensee is not a member;

Article 12 Code of Ethics

Article 12

REALTORS® shall be honest and truthful in their real estate communications and shall

present a true picture in their advertising, marketing, and other representations.

REALTORS® shall ensure that their status as real estate professionals is readily apparent

in their advertising, marketing, and other representations, and that the recipients of all real

estate communications are, or have been, notified that those communications are from a

real estate professional. (Amended 1/08) [listen]

• Standard of Practice 12-1

Unless they are receiving no compensation from any source for their time and

services, REALTORS® may use the term “free” and similar terms in their

advertising and in other representations only if they clearly and conspicuously

disclose:

1) by whom they are being, or expect to be, paid;

2) the amount of the payment or anticipated payment;

3) any conditions associated with the payment, offered product or service, and;

4) any other terms relating to their compensation. (Amended 1/20)

• Standard of Practice 12-2

Deleted (1/20)

• Standard of Practice 12-3

The offering of premiums, prizes, merchandise discounts or other inducements

to list, sell, purchase, or lease is not, in itself, unethical even if receipt of the

benefit is contingent on listing, selling, purchasing, or leasing through the

REALTOR® making the offer. However, REALTORS® must exercise care and

candor in any such advertising or other public or private representations so that

any party interested in receiving or otherwise benefiting from the REALTOR®’s

offer will have clear, thorough, advance understanding of all the terms and

conditions of the offer. The offering of any inducements to do business is

subject to the limitations and restrictions of state law and the ethical obligations

established by any applicable Standard of Practice. (Amended 1/95)

• Standard of Practice 12-4

REALTORS® shall not offer for sale/lease or advertise property without

authority. When acting as listing brokers or as subagents, REALTORS® shall

not quote a price different from that agreed upon with the

seller/landlord. (Amended 1/93)

• Standard of Practice 12-5

Realtors® shall not advertise nor permit any person employed by or affiliated

with them to advertise real estate services or listed property in any medium

(e.g., electronically, print, radio, television, etc.) without disclosing the name of

that Realtor®’s firm in a reasonable and readily apparent manner either in the

advertisement or in electronic advertising via a link to a display with all required

disclosures. (Adopted 11/86, Amended 1/16)

• Standard of Practice 12-6

REALTORS®, when advertising unlisted real property for sale/lease in which

they have an ownership interest, shall disclose their status as both

owners/landlords and as REALTORS® or real estate licensees. (Amended

1/93)

• Standard of Practice 12-7

Only REALTORS® who participated in the transaction as the listing broker or

cooperating broker (selling broker) may claim to have “sold” the property. Prior

to closing, a cooperating broker may post a “sold” sign only with the consent of

the listing broker. (Amended 1/96)

• Standard of Practice 12-8

The obligation to present a true picture in representations to the public includes

information presented, provided, or displayed on REALTORS®’ websites.

REALTORS® shall use reasonable efforts to ensure that information on their

websites is current. When it becomes apparent that information on a

REALTOR®’s website is no longer current or accurate, REALTORS® shall

promptly take corrective action. (Adopted 1/07)

• Standard of Practice 12-9

REALTOR® firm websites shall disclose the firm’s name and state(s) of

licensure in a reasonable and readily apparent manner.

Websites of REALTORS® and non-member licensees affiliated with a

REALTOR® firm shall disclose the firm’s name and that REALTOR®’s or non-

member licensee’s state(s) of licensure in a reasonable and readily apparent

manner. (Adopted 1/07)

• Standard of Practice 12-10

REALTORS®’ obligation to present a true picture in their advertising and

representations to the public includes Internet content, images, and the URLs

and domain names they use, and prohibits REALTORS® from:

1. engaging in deceptive or unauthorized framing of real estate

brokerage websites;

2. manipulating (e.g., presenting content developed by others) listing

and other content in any way that produces a deceptive or

misleading result;

3. deceptively using metatags, keywords or other devices/methods to

direct, drive, or divert Internet traffic; or

4. presenting content developed by others without either attribution or

without permission, or

5. otherwise misleading consumers, including use of misleading

images. (Adopted 1/07, Amended 1/18)

• Standard of Practice 12-11

REALTORS® intending to share or sell consumer information gathered via the

Internet shall disclose that possibility in a reasonable and readily apparent

manner. (Adopted 1/07)

• Standard of Practice 12-12

REALTORS® shall not:

1. use URLs or domain names that present less than a true picture, or

2. register URLs or domain names which, if used, would present less

than a true picture. (Adopted 1/08)

• Standard of Practice 12-13

The obligation to present a true picture in advertising, marketing, and

representations allows REALTORS® to use and display only professional

designations, certifications, and other credentials to which they are legitimately

entitled. (Adopted 1/08)