Real Estate Marketing Definitions
(1) “Employee” includes an individual who has an independent contractual relationship with a real estate marketing organization and performs real estate marketing activity.
(2) “Real estate marketing activity” means procuring or offering to procure prospects to purchase, sell, lease or rent real estate by telemarketing, mail or otherwise.
(3) “Real estate marketing organization” means any person, including a partnership, association, corporation, limited liability company or other organization, other than a real estate marketing employee, that engages in real estate marketing activity and is licensed.
(4)(a) “Real estate marketing employee” means an individual who receives compensation from a real estate marketing organization for performing real estate marketing activity.
(b) “Real estate marketing employee” does not mean an individual licensed
Truth-in-Advertising Laws (from business.gov)
Advertising laws are aimed at protecting consumers by requiring advertisers to be truthful about their products and to be able to substantiate their claims. All businesses must comply with advertising and marketing laws, and failure to do so could result in costly lawsuits and civil penalties. So before you start an advertising campaign, it’s important you understand some basic rules.
The Federal Trade Commission (FTC) is the main federal agency that enforces advertising laws and regulations. Under the Federal Trade Commission Act:
- Advertising must be truthful and non-deceptive;
- Advertisers must have evidence to back up their claims; and
- Advertisements cannot be unfair.
Additional laws apply to ads for specialized products like consumer leases, credit, 900 telephone numbers, and products sold through mail order or telephone sales. State and local governments also regulate advertising, and enforcement is usually the responsibility of a state attorney general, a consumer protection agency or a local district attorney.
Facts For Business
- Ads for Business Opportunities: How to Detect Deception [PDF] [en español]Provides advertising sales staff with claims that are tip-offs to fraudulent business opportunity offers. 8.5″x11″, 2 pages.
- Advertising FAQ’s: A Guide for Small Business [PDF]
Guide for small businesses explains the truth-in-advertising laws. 8.5”x 11”, 36 pages, color.
- Advertising and Marketing on the Internet: Rules of the Road [PDF]Explains how businesses can comply with truth-in-advertising laws when marketing on the Internet. 8.5″x 11″, 16 pages, color.
- Complying with the Environmental Marketing Guides [PDF]The Guides indicate how the Federal Trade Commission will apply Section 5 of the FTC Act, which prohibits unfair or deceptive acts or practices, to environmental marketing claims. 8.5″x11″, 36 pages.
- Dot Com Disclosures: Information About Online Advertising [PDF]Describes the information businesses should consider as they develop online ads to ensure that they comply with the law. 8.5″x11″, 83 pages, color. [Packaged: 34 copies per case.]
- Environmental Marketing Claims: Message to Vendors [PDF]Advises businesses on how to make truthful environmental marketing claims. 8.5″x 11″, 3 pages.
- Making Environmental Marketing Claims on Mail [PDF]Advises businesses how to make truthful environmental claims on their mail. 8.5″x11″, 2 pages.