Last November, SDAR’s Risk Management Committee presented a free session, A Fireside Chat with the DRE. While the hot cocoa and crackling fire were missing, the California Department of Real Estate's Veronica Kilpatrick spent nearly 90 minutes answering questions from the audience questions on wide range of real estate issues.
Not surprisingly, advertising was the most popular topics, with one attendee inquiring as to the licensing disclosures requirements on live streaming and social media videos recorded by licensees used to promote listings and/or open houses.
Keeping her promise to provide further information on the topic, Veronica Kilpatrick submitted the following:
“Bus. & Prof. Code section 10140.6, subdivision (b)(1), requires a licensee to disclose his or her name, license identification number and unique NMLS identifier if applicable on all solicitation materials intended to be the first point of contact with consumers. Subdivision (b)(2) defines “solicitation materials” to include business cards, stationery, advertising flyers, advertisements on television, in print or electronic media.”
“Live streaming on Facebook or another platform meets the definition of “solicitation materials” since it is considered advertisements in electronic media. As such, the licensee is required to disclose his or her name and license identification number and, if he or she is a salesperson, his or her broker’s identification as well. The same holds true if the live streaming is recorded and the recording is later available on a social media platform. These requirements are required whether the licensee is using his personal or business social media account.”
In short, the DRE regards online videos, whether live streamed or recorded, as solicitation materials and thus apply the standard advertising disclosure rules.
Please be advised that this information relates to the DRE’s rules and regulations only, and does not address any similar or related rules or regulations imposed under the REALTOR® Code of Ethics, Federal law or MLS membership agreement.
For a more detailed and comprehensive information on the laws and regulations affecting Realtor Advertising, you should attend SDAR’s FREE class, Standards in Advertising – What CA Realtors® Need to Know.
Upcoming Dates:
March 5, 2019 at South County Service Center: 9:30am - 11:30am
June 6, 2019 at Solana Beach Service Center: 9:30am - 11:30am
September 5, 2019 at East County Service Center: 9:30am - 11:30am
December 4, 2019 at Carlsbad Service Center: 9:30am - 11:30am
To Enroll - https://2019sdaradvertisingstandards.eventbrite.com