WARDEX Rules & Policies
FEES, FINES AND APPEAL FORMS
WARDEX Policy 15 Fines & Sanctions PDF (appeal procedure)
Note: MLS Customer Display printouts are not considered advertising for purposes of commissioner rules.
Use of the word REALTOR® and /or R logo in your web or email name.
When surfing the Web for real estate homepages, it's quite common to come across sites belonging to REALTORS®. If you are looking to add your own electronic presence on the Internet, it is easy to get caught up in designing your own web page and choosing a domain name which will capture the attention of surfers and make you easily identifiable. REALTORS® often want to use the REALTOR® marks as part of their domain name or address to distinguish themselves, but they must keep in mind that there are rules governing proper use of the REALTOR® marks that must be adhered to at all times regardless of the media used. These rules are found in the National Association's Membership Marks Manual, a reference manual explaining proper use of the REALTOR® marks including examples of correct and incorrect uses. Here is a brief list of the principle rules affecting use of the REALTOR®marks in domain names:
1. The term REALTOR®, whether used as part of a domain name or in some other fashion must refer to a member or a member's firm.
2. The term REALTOR®may not be used with descriptive words or phrases. For example, Number1realtor.com, numberone-realtor.com, chicagorealtors.org or realtorproperties.com are all incorrect.
3. For use as a domain name or e-mail address on the Internet the term REALTOR® does not need to be separated from the member's name or firm name with punctuation. For example, both johndoe-realtor.com and johndoerealtor.com would be correct uses of the term as a part of domain names and email@example.com and firstname.lastname@example.org are both correct uses of the term as part of an e-mail address.
4. The REALTOR® block R logo should not be used as hypertext links at a web site as such uses can suggest an endorsement or recommendation of the linked site by your Association. The only exception would be to establish a link to the National Association's web site, REALTOR.org, or its official property listing site, REALTOR.com.
The public has adopted the use of all lower case letters when writing domain names, even those containing trademarks. Therefore, for purposes of domain names and internet addresses only, there is an exception to the rule on capitalization of the term REALTOR® and it may appear in lower case letters.
Whether you use traditional print media or the Internet, it is essential to use the REALTOR®marks in accordance with the rules and guidelines of the National Association. The REALTOR®marks should only be used to denote membership in the NATIONAL ASSOCIATION OF REALTORS®.
Is Your Real Estate Advertising Legal?
DOES IT CONFORM TO THE COMMISSIONER'S RULES?
Rule R4-28-502 states:
A. A salesperson or broker acting as an agent shall not advertise property in a manner which implies that no salesperson or broker is taking part in the offer for sale, lease, or exchange.
B. Any salesperson or broker advertising the salesperson's or broker's own property for sale, lease or exchange shall disclose the salesperson's or broker's status as a salesperson or broker, and as the property owner in the advertisement.
C. A salesperson or broker shall ensure that all advertising contains accurate claims and representations, and fully states factual material. A salesperson or broker shall not misrepresent the facts or create misleading impressions.
D. Any advertising of Department approved courses shall include the school name, address and telephone number.
E. All advertising shall include either the name in which the employing broker's license is held or the fictitious name contained on the license certificate. The lettering used for the name of the employing broker shall appear in a clear and conspicuous manner.
F. The designated broker or the school owner shall supervise all advertising, as applicable.
G. A licensee shall not use the term "acre," either alone or modified, unless referring to an area of land representing 43,560 square feet.
H. Before placing or erecting a sign giving notice that specific property is being offered for sale, lease, rent or exchange, a salesperson or broker shall secure the written consent of the property owner, and the sign shall be promptly removed upon request of the property owner.
I. The provisions of subsections (E) and (F) shall not apply to advertising done by any franchisor or franchisee if the advertising does not refer to specific real estate.
J. Trade Names
1. Any broker using a trade name owned by another person on signs displayed at the place of business shall place the broker's name, as licensed by the Department on the signs.
2. The following legend, "Each (TRADE NAME or FRANCHISE) office is independently owned and operated," or a similar legend approved by the Commissioner, shall be used to attract the attention of the public.
K. The use of electronic media, such as the Internet or web site technology, which targets Arizona residents with the offering of property interest constitutes the dissemination of advertising as defined in A.R.S. § 32-2101(2).
WOULD YOU LIKE US TO CHECK YOUR WEB PAGES?
If you have any questions about the legality of your advertising on the World Wide Web, we'll be glad to take a look at it. Just email Tom Adams at email@example.com. Be sure to include your link, ad copy or URL.