North Dakota Administrative Code › Title 70 - Real Estate Commission › Article 70-02 - Real Estate Licensure › Chapter 70-02-03 - Licensee Responsibilities › Section 70-02-03-02.1 - Advertising

Current through Supplement No. 393, July, 2024
1. Definition. As
				used in this section, the terms "advertise", "advertising", and "advertisement"
				include all forms of representation, promotion, and solicitation disseminated
				in any manner and by any means of communication for any purpose related to real
				estate brokerage activity, including, at a minimum, advertising the sale or
				purchase of real estate or promotion of real estate brokerage
				services.
2. Trade name.
				Advertising must be done in the real estate brokerage agency's trade name as
				licensed with the commission and the trade name must be equal to or greater
				than, in size and visibility, the name of any salesperson, associate broker, or
				team on the advertising. Discipline of licensees based on failure to meet this
				size and visibility requirement will be delayed until January 1,
				2023.
3. Contact information.
				Advertising must include information on how the public can contact the real
				estate brokerage agency.
4.
				Advertising by licensees. Advertising by licensees must be under the
				supervision of the designated broker. Such advertising may include a licensee's
				name and telephone number or other contact information, provided the real
				estate brokerage agency's registered business name or trade name and contact
				information are also clearly included as required in this section.
5. Deception and misrepresentation
				prohibited. Advertising and promotion must be free from deception and shall not
				misrepresent the terms of the sale or purchase, real estate brokerage agency
				policies, or real estate brokerage services.
6. A real estate broker may advertise, in the
				licensee's own name, property which is owned by the licensee, provided that
				following the licensee's name where it appears in the advertisement, the words
				"Owner/Licensed Broker" must also appear. The provisions of this subsection
				apply both to active broker licensees and licensees whose license is on an
				inactive status.
7. A real estate
				salesperson may advertise in that person's own name property which is owned by
				the salesperson, provided that following the name where it appears in the
				advertisement, the words "Owner/Licensed Salesperson" must also appear. The
				provisions of this subsection apply both to active salesperson licensees and
				licensees whose license is on an inactive status.
8. Teams. A team is two or more licensees who
				work for the same brokerage under the supervision of the designated broker,
				work together on real estate transactions to provide real estate brokerage
				services, represent themselves to the public as being part of a team, and are
				designated by a team name. Advertising by a team must comply with all
				requirements of section 70-02-03-02.1. Teams may not advertise in any manner
				which suggests a team is an independent real estate brokerage firm.
General Authority:
NDCC 28-32-02,
					 43-23-08
Law Implemented:
NDCC
					 43-23-11.1(1)