30 Miss. Code R. § 1601-3.3

Current through April 22, 2024

Rule 30-1601-3.3 - Advertising

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.

30 Miss. Code. R. 1 app 1601-3.3

Miss. Code Ann. §§ 73-35-35

Amended 7/1/2018