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Proposed rules to regulate team advertising

Thursday, January 4, 2018  
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Proposed regulations prohibit team names that suggest a team is a brokerage, mandate team member record-keeping

The Florida Real Estate Commission has approved proposed rules regulating real estate team advertising.

The rules will become official if they are approved by the Joint Administrative Procedures Committee, which oversees executive branch actions to ensure they have an “adequate statutory basis” along with other requirements. (There is currently no timeline for JAPC approval.)

The proposed rules are below. Questions? Please contact the Florida REALTORS® Legal Hotline, a free member assistance program.

61J2-10.026 Team or Group Advertising

(1) “Team or group advertising” shall mean a name or logo used by one or more real estate licensees who represent themselves to the public as a team or group. The team or group must perform licensed activities under the supervision of the same broker or brokerage.

(2) Each team or group shall file with the broker a designated licensee to be responsible for ensuring that the advertising is in compliance with Chapter 475, Florida Statutes and 61J2 Florida Administrative Code.

(3) At least once monthly, the registered broker must maintain a current written record of each team’s or group’s members.

(4) Real estate team or group names may include the word “team” or “group” as part of the name. Real estate team or group names shall not include the following words:

(a) Agency
(b) Associates
(c) Brokerage
(d) Brokers
(e) Company
(f) Corporation
(g) Corp.
(h) Inc.
(i) LLC
(j) LP, LLP or Partnership
(k) Properties
(l) Property
(m) Real Estate
(n) Realty
(o) or similar words suggesting the team or group is a separate real estate brokerage or company

(5) This rule applies to all advertising.

(6) Advertisements containing the team or group name shall not appear in larger print than the name or logo of the registered brokerage. All advertising must be in a manner in which reasonable persons would know they are dealing with a team or group.

(7) All advertisements must comply with these requirements no later than 12 months following the effective date of this rule.

Nothing in this rule shall relieve the broker of their legal obligations under Chapter 475, Florida Statutes and 61J2 Florida Administrative Code.

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