Section 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 bro- ker’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 con- tains accurate claims and representations, and fully states fac- tual 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 advertis- ing. The school owner shall ensure that the school’s advertis- ing is accurate.

E.       A salesperson or broker shall ensure that all advertising identi- fies in a clear and prominent manner the employing broker’s legal name or the dba name contained on the employing bro- ker’s license certificate.

F.       A licensee who advertises property that is the subject of another person’s real estate employment agreement shall dis- play 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 modi- fied, 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 inde- pendently 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 dis- semination of advertising as defined in A.R.S. § 32-2101(2).

Historical Note

Former Section R4-28-14 repealed, new Section R4-28- 14 adopted effective May 1, 1980 (Supp. 80-3). Amended

subsection (D) effective August 1, 1986 (Supp. 86-4). Former Section R4-28-14 renumbered without change as Section R4-28-502 (Supp. 87-1). Section R4-28-502 amended by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1). Amended by final

rulemaking at 11 A.A.R. 506, effective March 5, 2005

(Supp. 05-1).