Social Media is such a double-edged sword. It is a brilliant way to get and nurture business. However, it can be a land mine of advertising violations, ethics violations, and copyright infringement. The information in the post is a compilation from NAR, and FAR as well as our own local MLS rules.
Venting about another agent. Do not air your frustrations about a colleague online because it could violate Article 15, which prohibits REALTORS® from making false or misleading statements about other real estate professionals related to transactions or business practices. This includes what you may think is a private page of local agents. Just avoid it altogether.
Sharing another agent’s listing. Retweeting or sharing another agent’s listing on your own social media timeline could constitute an improper advertisement of their listing. Straight up pressing the Share Button is a violation. Citing ” listing courtesy of ” is not permission to advertise the listing. This also commonly happens when agents visit an open house or broker open and, after leaving, post about it on their feed… not allowed without permission. It is also unacceptable for an agent to share an IDX search on their site. It is imperative that you have permission to do any of this advertising. You cannot engage in any practice that is inconsistent with exclusive-representation agreements that practitioners have with their clients, states Article 16. Get permission — before sharing anything about their listing online.
In our RE/MAX Solutions Social Media policy, it is stated that all of our agents have permission to share our RE/MAX Solutions Brokerage listings. Feel free to share those and bring buyers to our office listings. You do not need specific permission per our policy.
Watch what you share on personal accounts. Many agents have Facebook business profiles that note their role as a real estate professional and the company they work for. That generally satisfies the requirement of Article 12, Standard of Practice 12-5, that REALTORS® must clearly identify themselves and their company when advertising online. But your personal Facebook profile may not include such details, and if you post listings or other advertorial material on that page, you could be violating the Code. Facebook terms state that “you will not use your personal timeline primarily for your own commercial gain, and will use a Page for this purpose.” The easiest way to stay compliant is to post to your business page and then share that. If you have a posted award about you on our Office Page, share that to your personal page! This helps keep you compliant all around.
Commiserating on commissions. A common topic that comes up in real estate–related Facebook groups is commissions. If someone is complaining about a commission they received and asking for feedback, it can be tempting to spill your own experience. But aside from it being in poor taste, you could be revealing confidential financial details about your client if you speak in too much detail about a commission. Article 1, SOP 1-9, requires REALTORS® to preserve the privacy of confidential information about their clients even after the end of their business relationship. You would need their permission first before revealing such details publicly in order to avoid an ethics violation.
Advertising. All advertising must be in a manner in which reasonable persons would know they are dealing with a real estate licensee. All real estate advertisements much include the licensed name of the brokerage firm and when a personal name is included it must be at least the last name. On a website the Real Estate Brokerage firm name must be adjacent or immediately above or below the point of contact information.
Posting a photo of a home “feature”. Be very cautious of this practice. We see crazy things in this business like critters in attics, snakes in toilets, stripper poles in living rooms, bedrooms filled with crazy dolls, messy homes left in horrible condition. Do not post anything that sheds a negative light on the property or their owners. Not only is it inappropriate and unprofessional, but Article 1, SOP 1-9, requires REALTORS® to preserve the privacy of confidential information about their clients even after the end of their business relationship. This includes what you may think is a private page of local agents. Just avoid it altogether.
No blind or stealth ads. Sponsored or click through ads for example: Orlando area real estate deals are not allowed.
Copyright. If you did not take a photo you need permission to use it. Period. The fines for using copyrighted photos can be daunting $10,000. There are several places where you can download photos that are royalty free. If you are not sure, don’t use it.
With so much technology it can be easy to get into a trap of committing a violation be mistake. Don’t advertise anyone’s listing, open house, or broker open without permission and don’t talk about any transactions or other agents on social media and you will be doing great 🙂
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