Or. Admin. Code § 863-025-0125

Current through Register Vol. 63, No. 11, November 1, 2024

Section 863-025-0125 - Advertising

(1) As used in this rule, "advertising" and "advertisement" include all forms of meaningful communication by or on behalf of a property manager designed to attract the public to the use of services related to the management of rental real estate. This includes, but is not limited to:

(a) Print, including but not limited to mail, publications, brochures, postcards, business cards, and stationery;

(b) Signs, including but not limited to lawn signs, displays, and billboards;

(c) Phone, including but not limited to mobile phone, text messaging, cold calling, and outgoing voicemail messaging;

(d) Broadcast media, including but not limited to radio, television, podcasts, and video; and

(e) Electronic media, including but not limited to multiple listing services, websites, email, social media, mobile apps, and other online marketing.

(2) Advertising shall:

(a) Be identifiable as advertising of a real estate licensee;

(b) Be truthful and not deceptive or misleading;

(c) Not state or imply that the licensee is a principal broker or is responsible for operating the registered business if the licensee is a real estate broker;

(d) Not state or imply that the licensee is responsible for operating the registered business if the licensee is a principal broker or licensed property manager but not the authorized licensee for the registered business name as defined in OAR 863-024-0063;

(e) Not state or imply that the licensee is qualified or has a level of expertise other than as currently maintained by the licensee; and

(f) Be conducted for the purpose of offering real estate for rent or lease under a property management agreement with the property owner.

(3) Advertising that includes the licensee's name shall use:

(a) The licensee's licensed name;

(b) A common derivative of the licensee's first name and the licensee's licensed last name; or

(c) An alternative name registered with the Agency per OAR 863-024-XXXX and the licensee's license number.

(4) The registered business name, as registered with the Agency, shall be immediately noticeable in all advertising.

(5) Advertising in electronic media is subject to the following requirements:

(a) Advertising shall comply with all other requirements of this rule;

(b) Advertising by a property manager shall include on its primary or home page:

(A) The licensee's name as required in section (3) of this rule; and

(B) The registered business name as registered with the Agency.

(c) Sponsored links, which are paid advertisements located on a search engine results page, are exempt from the requirements contained in subsection (b) of this section if the first page following the link complies with subsection (a).

(d) An email or text message from a licensee is exempt from the requirements of subsection (b) of this section if the licensee's initial communication contained the information required by subsection (a).

(e) Advertising on social media is exempt from the requirements contained in subsection (b) of this section if the advertising links to the account profile page or a separate page that complies with subsection (b).

(6) No advertising may guarantee future profits from any rental real estate.

Or. Admin. Code § 863-025-0125

REA 2-2020, amend filed 11/24/2020, effective 1/1/2021

Statutory/Other Authority: 696.385

Statutes/Other Implemented: