New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 61 - REAL ESTATE BROKERS › Part 32 - REAL ESTATE ADVERTISING › Section 16.61.32.8 - ADVERTISEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. All real estate
				advertising shall be a true and factual representation of the property and real
				estate services being advertised and the brokerage providing the services and
				shall not be presented in such a manner that will confuse or mislead the
				public.
B. Every qualifying broker
				advertising real property for others for sale, purchase, lease, exchange or
				rent, including short-term or vacation rentals, or advertising real estate
				services, shall at a minimum, use in such advertising the trade name and
				current brokerage office telephone number as registered with the commission.
				Directional signs are exempt from these requirements. Additional telephone
				numbers may be used in such advertising.
C. Associate brokers, when advertising real
				property for others for sale, purchase, lease, exchange or rent, or when
				advertising real estate services, shall include in the advertisement the trade
				name and the current telephone number as registered with the commission of the
				brokerage with which they are affiliated. Effective January 1, 2017, the
				brokerage trade name and telephone number shall be prominently displayed in a
				type size not less than thirty-three percent of the type size of the associate
				broker's name, or in the case of a team of associate brokers, the team
				name.
D. A broker advertising to
				buy, sell, lease, rent, or exchange real property which the broker owns,
				partially owns, will own or will partially own shall indicate within such
				advertising, including signs, that the broker owns or will own the real
				property. Disclosure of such ownership must also be made in the listing
				contract, purchase agreement, rental agreements, lease agreements, or exchange
				agreements. If an owner-broker engages a third party broker to list the
				owner-broker's property, the third party broker is not required to make an
				owner-broker disclosure in advertising and signs, but such disclosure is
				required in the listing contract, purchase agreement, rental agreement, lease
				agreement, or exchange agreement.
E. When advertising real property owned by a
				broker and the telephone number of the brokerage is used in the advertisement,
				the advertisement must also include the trade name of the brokerage as
				registered with the commission.
F.
				All advertising must be in compliance with all local, state and federal laws
				and regulations.
G. These
				requirements apply to all forms of advertising, including but not limited to
				print, audio and video recordings, computer presentations, online and
				electronic media. In the event that disclosure of the brokerage name and
				telephone number as registered with the commission is not practical in
				electronic displays of limited information, such as thumbnails, text messages,
				links and tweets of 200 characters or less, such displays are exempt from the
				disclosure requirement provided such displays are linked to a display that
				includes all of the required disclosures.