Section 20-328-5a - Misrepresentation, disclosure and advertising(a) A licensee shall not misrepresent or conceal any material facts in any transaction.(b) No licensee shall misrepresent the actual selling price of real estate to any lender or any other interested party, either verbally or through the preparation of a false sales contract.(c) A broker shall exercise diligence at all times in obtaining and presenting accurate information in the broker's advertising and representations to the public. No broker shall advertise to sell, buy, exchange, rent or lease the property of another in a manner indicating the offer to sell, buy, exchange, rent or lease such property is being made by a private party not engaged in the real estate business. The broker shall neither advertise without disclosing the broker's name nor permit any person associated with the broker to use individual names, telephone numbers or mailing addresses, to the exclusion of the name of such broker.(d) No licensee shall modify or change the listing information of a broker without the express permission of the broker. No licensee shall advertise real estate listed with a broker other than their supervising licensee without:(1) The permission of the listing broker;(2) Updating such listing within seventy-two (72) hours after any change to the listing; and (3) Disclosing the real estate is not listed with the licensee.(e)(1) Any salesperson or associate broker advertising in print shall include in such advertisement (A) the name of the salesperson or associate broker as it appears on such person's license, and (B) a phone number or email address for such salesperson or associate broker.(2) Such advertisement shall also include the (A) name of the supervising licensee as it appears on the supervising licensee's license, and (B) supervising licensee's phone number or email address.(3) For any print advertisement, the supervising licensee's contact information shall both be in the same size font, or a larger size font, as the salesperson's or associate broker's contact information.(f) Any salesperson or associate broker advertising via publishing or posting on a social media website or a computer or mobile phone application, a text message or similar messaging service or an email shall include the name of the salesperson or associate broker as it appears on the salesperson's or associate broker's license, prominently displayed, and a link to an internet website that complies with the requirements for internet websites set forth in subsection (g) of this section. (g) Any salesperson or associate broker advertising on an internet website shall prominently display on each page of the website the name of the salesperson or associate broker as it appears on the salesperson's or associate broker's license, a phone number or email address for such salesperson or associate broker and the last date on which property information shown on the internet website was revised, unless such property information is updated automatically as changes are made in the multiple listing service (or MLS). Such internet website shall also include on each page the name of the supervising licensee, as it appears on the supervising licensee's license and in at least the same size font as the name of the salesperson or associate broker, and either the supervising licensee's phone number or email address, both in at least the same size font as the salesperson's or associate broker's contact information.(h) Any print advertising by a supervising licensee for property or services shall prominently display such supervising licensee's name as it appears on the supervising licensee's license and a phone number or email address for such supervising licensee. If the advertisement is made on behalf of or in coordination with another supervising licensee, the advertisement shall display the name and phone number of all supervising licensees responsible for the advertisement.(i) Any supervising licensee advertising via publishing or posting on a social media website or a computer or mobile phone application, a text message or similar messaging service or an email shall include the name of the supervising licensee as it appears on the supervising licensee's license, prominently displayed, and a link to an internet website that complies with the requirements for internet websites set forth in subsection (j) of this section.(j) Any supervising licensee's advertising on an internet website shall prominently display on each page of the website the name of the supervising licensee as it appears on the supervising licensee's license, a phone number or email address for such supervising licensee and the last date on which property information shown on the website was revised, unless such property information is updated automatically as changes are made in the multiple listing service (or MLS). If a supervising licensee is advertising services or property on behalf of or in conjunction with another licensee, the internet websites applicable to such services or property shall contain the name, phone number and email address for both the advertising supervising licensee and such other licensee.(k) No salesperson, supervising licensee or associate broker shall use in any advertisement the word "incorporated", "corporation", "company", "limited liability company", "partnership", "partners", "agency", "realty" or "team", or any abbreviation or variation thereof, or any other word that implies that an individual licensee is a business entity, unless such salesperson, supervising licensee or associate broker is a licensed business entity.Conn. Agencies Regs. § 20-328-5a
Effective May 18, 1990; Amended September 28, 1995; Amended February 4, 2004; amended 12/27/2024