A GSP should include a provision clearly stating that the broker's obligation to purchase property is enforceable only at the option of the seller. A broker offering a GSP is free to advertise and promote the plan as a service of the broker available to sellers who qualify. However, a broker may NOT advertise the plan in a manner which is likely to mislead the seller to believe that the plan is available without restriction, unless the plan is indeed available without restriction. The broker who advertises a GSP should, prior to taking any listing, advise the seller whether the seller qualifies for the plan, and if so, explain any restrictions or conditions that apply to the seller. Brokers may NOT use a GSP as a false inducement to sign a listing agreement.
Idaho law protects consumers by prohibiting misleading advertising.
Excerpts from these advertising laws are set forth below. Idaho Real Estate License Law . Information is misleading if, when taken as a whole, there is a distinct probability the such information will deceive the persons whom it is intended to influence. The Attorney General s Office has promulgated comprehensive Rules of Consumer Protection. It is an unfair and deceptive act or practice for a seller to create a false impression of the grade, quality, quantity, make, value, age, size, color, usability, availability, or origin of the goods or services offered, or which may otherwise misrepresent the goods or services in such a manner that later, on disclosure of the true facts, there is a likelihood that the consumer may be switched from the advertised goods or services to other goods or services.