Social Media is Considered Advertising by NAR/OAR

Submitted by Patty Massare on Mon, 2011-05-09 14:45

The Ohio Division of Real Estate and Professional Licensing cautions all real estate licensees that the use of social media is considered advertising and is subject to Ohio's laws and regulations.

Ohio Administrative Code 1301:5-1-02 requires that the broker or brokerage name be disclosed on every page of a website that promotes real estate services. A "page" is defined as one that may or may not scroll beyond the borders of the screen. In the past, the Division has advised licensees to include the broker's name on a "frame" or "banner" on the website to ensure that the broker's name appears on the site at all times.

However, the Division is sensitive to the fact that social media websites may limit a licensee's ability to manipulate the website content to conform to Ohio's current advertising regulations. For additional guidance, the Division urges licensees to refer to the National Association of REALTORS updated Code of Ethics and Standards of Practice that was released in January 2011. NAR adopted the following provision which addresses electronic advertising issues:

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. This Standard of Practice acknowledges that disclosing the name of the firm may not be practical in electronic displays of limited information (e.g.,"thumbnails", text messages, "tweets", etc.). Such displays are exempt from the disclosure requirement established in the Standard of Practice, but only when linked to a display that includes all required disclosures.
(Adopted 11/86, Amended 1/11)

The Division is considering new regulations to deal with the challenges associated with advertising and social media, but it is likely that these new changes will not go into effect until late 2011.