Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1601 - Mississippi Real Estate Commission › Chapter 3 - Administration/Conducting Business › Rule 30-1601-3.3 - Advertising

Current through June 25, 2024
A. "Advertising" means the use of any oral,
				written, visual, printed or electronically generated advertisement by a real
				estate licensee or other person on behalf of a real estate licensee.
"Advertisement" means any oral, written, visual, printed or
				  electronic media advertisement and encompasses any correspondence, mailing,
				  newsletter, brochure, business card, for sale or for lease signage or sign
				  rider, promotional items, automobile signage, telephone directory listing,
				  radio and television broadcasts, telephone solicitation and electronic media to
				  include e-mails, text messaging, public blogs, social media-networking
				  websites, and/or internet displays.
B. A broker shall advertise in the name in
				which the license is issued. A broker may use a descriptive term after the
				broker's name to indicate the occupation in which engaged, for example,
				"realty", "real estate" or "property management". If advertising in any other
				form, a partnership, trade name, association, company or corporation license
				must be obtained prior to advertising in that manner.
All advertising must be under the direct supervision and in
				  the name of the Principal Broker or in the name of the real estate Brokerage
				  Firm and must prominently display the name of the Principal Broker or the name
				  of the Brokerage Firm in such a manner that it is conspicuous, discernible and
				  easily identifiable by a member of the public.
Principal Brokers are required to verify and determine that
				  their name or the name of the Brokerage Firm is prominently displayed on all
				  advertising and that the name of any real estate licensee or any approved real
				  estate Team or Group is situated near the name of the Brokerage Firm. The
				  Broker or the Brokerage Firm must be identified by using the same size or
				  larger print as that of a Licensee a Team Member or a Team in all advertising.
				  All advertising must include the telephone number of the Principal Broker or
				  the Brokerage Firm.
C. No
				Principal Broker or licensee sponsored by said broker shall in any way
				advertise property or place a sign on any such property offering the property
				for sale or rent without first obtaining the written authorization to do so by
				all owners of the property or by any appointed person or entity who also has
				full authority to convey the property.
D. When a licensee is advertising their own
				property for sale, purchase or exchange which is not listed with a broker, the
				licensee must indicate that he or she is licensed. The disclosure of licensee's
				status must be made in all forms of advertising enumerated in Rule 3.3(A),
				including the "for sale" sign.
In addition to disclosing their licensed status in all
				  advertisements, licensees are required to disclose their licensed status on all
				  real estate contracts in which they have an ownership interest.
A licensee shall not advertise to sell, buy, exchange,
				  auction, rent or lease property in a manner indicating that the offer to sell,
				  buy, exchange, auction, rent, or lease such property is being made by a private
				  party who is not engaged in the real estate business. No advertisement shall be
				  inserted by a licensee in any publication where only a post office box number,
				  telephone number, e-mail address or street address appears. Every licensee,
				  when advertising real estate in any publication, shall indicate that the party
				  advertising is licensed in real estate; whether on active or inactive
				  status.
Miss. Code Ann.
				  §§
										73-35-35