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Is your Blog compliant? The Real Estate Commission is Monitoring Social Networking sites

Are you Compliant?

Obviously if you are reading this blog you are using Social Networking as part of your business plan and I commend you for it. I think it is a great way to get your knowledge of a community "out there" so potential buyers and sellers can find you.

What you may not know: Your Local Real Estate Commission considers social networking ( Blogging, Pod Casts, etc) to be advertising, and all rules of advertising MUST be followed, and they are NOW monitoring social networking sites to be sure we are being compliant.

For Example: (in NJ)

Your company name must be in all advertising, and must be larger than your name
You must have your company phone number or link in your advertising, not just your cell #.

You should all know the rules of the road when it comes to advertising as a Realtor. One point made at NAR's mid year meeting suggested Realtors to pay attention to Article 12 of the Code of Ethics which mentions that you shall be honest and truthful in real estate communications and shall present a true picture in advertising, marketing etc...

Disclosing that you are a Realtor is essential!

They specifically mention Facebook, Twitter, Linked In, and our beloved Active Rain... So remember when you post that there are rules you MUST abide by!

For NJ agents there is potentially even more fun. The Rumor mill seems to think that the NJ Real Estate Commission is considering a Task Force to monitor this type of technology for compliance.

So we all better double check our profiles and our signatures to be sure we are following the rules.

UPDATE:

Thanks for all the great comments, there seems to be a bit of confusion, Make sure you treat your blogs as an Add you would put in print and be sure it is compliant to your local market. None of us can be experts in all 50 states. I would suggest you put your logo and contact info in all of your blogs as a signature as I did below. That should help keep us in compliance. Also THINK BEFORE YOU TYPE! once you hit submit you cant take it back! and as some one mentioned in the comments bellow, Big Brother is WATCHING US!!!

Have a great week.

Rob

Robert Rauf

Mortgage Banker

www.RobertRaufHomeLoans.com or my blog: http://activerain.com/blogs/rrauf

(732)223-1630 x102

Since 1987 I have been helping my clients fulfill their dream of home ownership!

Real Estate Mortgage Network

NJ Mortgages, New Jersey Mortgages, Mortgages in NJ, mortgage in New Jersey, Mortgages in New Jersey

Posted by Robert Rauf on 06/04/2009 03:32 PM

Comments (98)

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98 Comments on Is your Blog compliant? The Real Estate Commission is Monitoring Social Networking sites

JUN

We are being watched by more than just our peers and our clients. Make sure you are using social networking the RIGHT way!

I hope the side bar for AR is visible when people read our posts. It has all the information.

Robert,

I'm pretty well covered but it was my understanding that point one about your company name being larger than your's is up to the brokerage not the real estate commission. I guess I'll have to check into that one.

Excellent Post!

Brian, it could be different based on your state. From what I have read, in NJ Your name can not be bigger than the company name.

Thanks Greg!

Gita, it is there, but is it compliant? do you have the company's phone number or just yours?

Holy cow! I better get to checking my profiles. The part about using my broker's # didn't occur to me when thinking about Facebook, ec. Thanks for the info.

Good reminder Robert. Our state doesn't require the bigger thing, just that it is on the advertisement somewhere.

WOW, I just thought I would comment, I am an agent in Canada so this doesn't really effect me much, but I guess I can see why they are doing it because of the access that there is to the mass population just like they monitor everything else, but it sounds to me like some changes need to be made in advertising rules and guidlines. Most people work from home now days and have a private line so having to put down your office number too. Give me a brake and what is all this non-sense about not disclosing that we are Realtors. Surely that is the whole idea I thought. If we didn't tell them we are realtors how could we get business from them. Ahahaha. So I guess you guys need to walk the straight and narrow as best you can if you will be monitored. Don't make it out to be to big a deal thought. Keep up the good work and great update to the real estate community.

Cheers!

Wow. Didn't think that Facebook would be monitored, how can they check if they aren't my friend? I will have to go check it out right now. Thanks for the tip.

Susan

That's great information and very timely! I teach the Code of Ethics for my Association here in Sarasota, Florida and noticed that there was a new change to the Code relating to the responsibility agents have to moniter the comments posted to their sites so as to ensure there are not derogatory comments about our competitors etc. Hard to keep up - but keep up we will!!

I didn't know that went for blogging as well! thanks for the info!!

Every state has different guidelines regarding...well, everything. Still, I would rather be over-cautious about this stuff than thinking I knew what I was doing and find out later I was wrong. Thanks for the reminder I know we can all use.

I am sure each state has different guidelines for advertising, and this blog is a combo of what was discussed at NAR's Mid Year Meeting and some good old NJ stuff as well.

Susan, a big piece of the issue is commenting on RE issues with out saying you are an agent, FB/Twitter etc....

Steve, it isn't your broker you have to worry about, it is the Real Estate Commission... potentially on a witch hunt. It just is a reminder that we need to think prior to hitting "submit" when making comments or posting on social networks.

Ah! You made me look! :) (I'm good)

And most states do have paid 'watchers' . . .

Rob - I'm sure the same rules apply to us LO's - correct? Not that I have anything to worry about because I don't engage in false advertising. I only promote the products that I am qualified and licensed to originate here in CA. If you check out my site, most of it I have written for my local market here in Los Angeles and Ventura counties.

I prefer to let the AR Loan Gurus serve the nation, I just want to serve my local market.

Excellent points to remember. I like the checklist!

Donne, LO's have different guidelines that vary greatly by state... But the common theme is a work address company name and phone number.

Candice, you are being too nice calling them "watchers"!

Robert: One great thing with Active Rain is all of our contact information in on the right side bar each time our blog is opened.

Robert:

Can I assume that the "Real Estate Commission" is your state's regulatory division for Real Estate? Since each state has a different name for the governmental body that regulates real estate licensing this might be a bit confusing. Blind advertising is what a lot of regulatory groups refer to when you don't inform the "general public" that you are a realtor and don't disclose your brokerage, contact information etc. I find a lot of this on the free classified ad sites such as "craigslist, backpage, hotpads, etc.

We have to remember that althought the internet is not the same as "print advertising" the same rules apply. Whether they should is a different story and a case of rules not catching up with the reality of everyday life and new technology.

Our online reputation is a direct reflection on not only ourselves but our broker. That said I would think that the various regulatory agencies would have more important things to do such as finding Realtors that are taking advantage of consumers in actual transactions and not for posting only their cell numbers but not their broker's phone number. But I guess "Big Brother" may consider this a higher priority.

Thanks for giving us the "heads up" on what they are currently putting on their "To Do" list.

Thanks Linda!

Roland, yes it is, but is it compliant?

Keep in mind that we need our proper names as licensed... For example I go by Rob, but would need to be Robert Rauf in my advertising.

Thanks for the heads up. I will check to make sure I'm compliant.

Rob, Thanks for the reminder. I am compliant, I hope everyone else is too. I'll check my other sites!!

Evelyn, It is both National and State. My Muse for this blog was the National Association of Realtors Meeting. and I cant claim to be (nor would I want to be) an expert on all 50 states, so everyone should check with their local states .. and as you mention above... Print and Electronic advertising has the same guidelines to follow.

You are welcome Emmaniece!

Good points! You all have a rule about using your "licensed name?" What about people who are not known as the name they are licensed under? I have never heard anything about that in Texas. Perhaps something new?

Jeani, It may be different in TX, but you should double check. I often see business cards that have Formal Name "nick name" Last name to be compliant. After all, if some one is looking for you to see if you are licensed they need to know who you are.

Thanks for the heads up! Going to check right now!

Good advice. I go overboard when it comes tomaking disclosures. No one should ever get confused!

Interesting. I wonder if just having our profession in our profile on Facebook qualifies??

Great info. I didnt even know that your companys name had to be bigger than your name in advertising. Thanks

Rob, you must have just sat in on the Brad Hanks webinar yesterday - ... I just changed my url's and blog names to comply (and posted on it this week). AR was great - Brad and Bob helped me do so and all's legite now. But as Marcie pointed out during the webinar once something's out there in blogsphere or Twitterville you can't take it back... oh and remember to be sure and use the word REALTOR® correctly... :)

It's funny that there might be "blog police" . . . my "grievance committee" is a joke. I had an agent once say, in a meeting with our local NAR board . . . that "we all had to stick together, and not let things like this happen." He was referring to sellers that wanted to go FSBO.

Hmmm . . . can we say "violation of the DOJ, Sherman Anti-Trust Act," boys and girls?

And he didn't get reprimanded for that comment.

The thing with blogs is this: IT'S IN WRITING!

The written words sure do have a life of their own, and in that regard, people in our profession -- licensed -- should be careful.

Someone posted this to one of my blog posts:

"Be careful there my friend, I only work with sellers as a general rule and when they buy I have a hand full of Buyers Agents that I send them to. But what if I showed a Seller (future buyer ) your post. Tink they would want to work with you.

I seen a agent write a letter to a newspaper that he didn't sell homes below a certain price because they were dumps. When he moved here from California the agents here showed that letter on every listing appt. that they went on against him. Sellers never noticed or cared that a $200,000 dollar home in California was probably a $50,000 dollar home here."

----------------------------------------------------

This comment was left and the "Tink [sic] they would want to work with you" is EXACTLY the type of comment that should NOT be made.

The second paragraph was equally amazing to me. We aren't allowed to disparage another agent. And from this person's comments, he thought this was okay?!? To take a letter to use against another agent for something that agent made a comment about.

We CAN make comments -- First Amendment protects us. But we should definitely hold our tongues when we talk about other agents in a group forum.

Good Robert to check that we are all in compliance with the rules.

I just added my info to Linked In! Now I need to modify it! THanks for the tips!

That's been an issue here for around a year but I bet there are some that ignore it....maybe not on purpose but it's going on.

I dont think I have ever thought of the importance in this on AR & F/B. I need to go through it all & see if I am in complaince. Thanks for the heads up!

With policy changes being made at the state and national levels, agents and lenders should check their regulatory sites about every six months to be sure that their online presence remains in compliance.

Interesting, I am also worried about the fact that I have not been able to put the Prudential logo on the side bar here. I am supposed to have it. On top of the NAR and CAR police, I have the Prudential police to worry about. So, now you have reminded me, and I have to try to figure this out. PerhapsI am having a huge brain freeze as to putting the logo on the sidebar.

Ok, my outside blog has my name larger than my company name! I don't think I can change that. Will Active Rain make the changes. The only phone I use is my cell phone. My 800 number goes into it too. I do link my web site.

Am I in trouble?

Good tips.

Robert, Thanks for the reminder. I believe the AR sidebar on the ActiveRain and its Outside Blogs covers us well in Pennsylvania. However, I checked my posts that went to localism as well and there is no sidebar. Does anyone know if it's possible to set-up posts to localism so that they always include one's brokerage information?

-Scott

Robert :

Great blog - good for you....

Robert - Hmmm From one Robert to another, Susan makes a good point above about facebook. Wouldn't they need to be your friend in order ot monitor you? Just sayin...

Hi!
Is the "real estate commission" you mention for New Jersey, or nationwide? I have not heard anything about this in Californina and I am chair of Sacramento Association of Realtors Grievance Committee...which means I should have heard something.

Great points and questions about posting the logo on the sidebar. I will be checking back for info....or email Brad. Oh, BRRAADDD, are you reading????

Great information....should get us all checking!

Robert - thanks for the info my NJ comrad. The advice you give not only is useful for compliance but lends itself to better branding/advertising. Thanks.

Another point...

The size of the type must be state mandated, because in California, type size doesn't matter. Also, here you do not have to put a broker name if you are just advertising yourself. The moment you tie it to a property, the logo must be shown. For this reason, I can't believe that posting just normal "stuff" on Facebook, Twitter, etc would require a company logo...again, unless I am advertising a listing. The Code of Ethics was changed this year, but I can't remember anything that you describe being a part of the change. Could it be that the mid-year NAR meeting topics were possible changes that have not been put in place yet?

Very good topic Robert. This was a huge debate a couple of years ago. Many people disagreed that this was advertising. I do agree and I'm compliant

Hi Rob,

The rules vary from state to state. Some of what you've written may apply in your state but not elsewhere.

I think that in most states, the company name does NOT have to be larger than the agent's name. That is the case in California. But it does need to be legible.

In CA, as of July 1st. we must all include our license number. I think that's a good idea so that consumers can check our license status.

Mary

Okay...I am back one more time. I went to the NAR site that discusses the midyear meeting, and I think there are a couple of critical words that need to be pointed out. The article said:

Article 12 of the Code, which says practitioners shall be "honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing and other representations."

That includes what you say about yourself on blogs, Facebook, and other sites. "Successful blogs never run into these problems. You'll be called out by others if you're not careful," Garner said.

When an audience member questioned the necessity of disclosing that you're a real estate agent when posting on blogs or sending messages with micro-blogging tools like Twitter, popular real estate blogger Bill Lublin, the forum chair, answered that providing such information was absolutely essential: "It's always important to identify yourself fully in your profile."

If I read these correctly, they are talking about 1) if you are talking about real estate and 2) when you are creating your profile. In other words, if I am on Facebook and talking about watching my grandchildren, I don't have to identify that I am a Realtor. If I create a profile, and don't put in that I am a Realtor, then I have a problem. I think the rest of the requirements must be a state mandated requirement.

Just my thoughts...

Rob,

My firm has just rolled out "social networking" training to cover these issues. How 'bout you nominate me to the Task Force and I'll be extra sweet to AR bloggers from our fine state...

Rob, thanks for the thought-provoking blog. I'll go check all my various sites right now! As other California agents have mentioned our DRE# must now appear everywhere--by July 1 actually.

Thanks for this important reminder. I know we all need to take care with our advertising.

This is a great topic. We should all be aware of complying with all the regs and rules.

I think Paula's point is excellent, also. I can't imagine that writing on Twitter or Facebook that I enjoyed the new Star Trek movie would require me to ID myself in the post so long as my profile is correct. Of course, I've learned over the years that just because I don't imagine things to be true has very little bearing on the actual truth. :)

I had the same question as Scott. I think everything is OK except for Localism - not sure what the state would say about multiple input blogs and company names - appreciate any suggestions.

ToulaRosebrock,com

Hi Rob:

Congrats on the feature!

This is a good reminder for all of us!

Great post Rob :) I'm gonna go check mine now to be sure I'm in compliance.

geez, on FB also?

Now that I "know" I will need to double check all of my spots!

Here in Ohio we are required to show the brokerage name in equal prominence to our own. It has to be on every web page and every piece of print advertisement. How many classifieds have you seen without the brokerage name? Way too many ... Thanks for reminding us!

Hmmm...wonder what the great ol state of Texas is going to do about this? Thanks for the reminder!

For Florida the name of the brokerage must be named but it does not have to be larger than our name. This is a great reminder though to be and stay compliant.

Yikes!! That's all I've got. Yikes!

Good post.

We should evaluate our habits and adjust if necessary.

Thanks for reminding us of our obligation.

Excellent advice!! Scary- but excellent! We have to be so careful!! Thank you!

I believe all my clients are following the rules, Robert. But now, thanks to your post, I will go back and make sure. I'd hate for them to mistakenly be out of compliance and get smacked for it. Yikes is right!

JUN

Nice Tip but there is no "The Real Estate Commission", each state has it own with 50 separate sets of rules and regulations.

You need to make sure you're compliant in the state(s) you're licensed in.

Great post, Robert. Thanks for reminding us of the importance of this! Here in PA, it states that our name may not be larger (or bolder) than the brokerage name, and that the brokerage name must be first. (This does not mean the brokerage name must be bigger than ours, just that ours may not be bigger than theirs.) We must list our brokerage phone # first, following that same rule, then we can list any other numbers we want, but no bigger or bolder than the broker's #. And this has to be on all advertising and real estate communications. It's way more complicated than that, but that's it in a nutshell, pretty much.

Thank you for the reminder. I have all the necessary items, but easily could have missed something. I didn't know "THEY" are watching us. Cool, now maybe "THEY" will do something about the President's desire to stop the interest credit on mortages.

This series of responses proves that RE is the same but different depending on where you practice

Here including your principal broker's registered business name in a conspicuous fashion is required but not defined. Nothing else in needed. And even that requirement only applies to your first email contact with a client, not to your follow up contacts.

I dont think my commission really cares. Every problem I have pointed out has always came with the same answers. File. I just quit saying anything. I dont have time to do there job.

Wow, from all of the comments here there are a lot of folks who may not have been thinking about the regulations and codes in regard to "advertising". I teach ethics and license regulations in Maryland and you're making me go back and double check everything!

I think when you get involved with online networking, you can get caught up on the tech aspects when setting everything up and may forget to follow all the NAR Codes and License regulations for your state. Great topic for a reminder for all of us to check! I know I'll be checking!

Virginia also does not require that the company name be bigger. They used to and then changed the rule.

Never even considered this with social networking. I better check!

Rob, Thanks for a great reminder. Like so many others here I will be checking my own profiles.

Rob HOW DARE YOU CHEAT beat for 200K mark LOL... GREAT post I was considering something similar from what I have seen here on AR .... however GREAT reminder.... thanks for "watching out for us"

Check my last post you might enjoy it ~ humor!

Rob, Sorry, I wasn't logged in.

That would be a fight I would fight. Realtor to Realtor social comment is expression not advertising. I agree not everyone on this site is a licensed Realtor but they receive incidental information not direct infomation. Advertising is a consciensous attempt to obtain business. Expression of ideas is a constitutional right we should all continue to take advantage of - while we still can.

Thank you for the heads up. It is so easy to make a mistake with all the various websites we use.

Well I guess I will be busy revising all my stuff today....thanks for the info.

Thanks for the comments everyone, There are a lot of good points in the comments as well, We all just remember to think before we type, and keep in mind that we treat our blogging as advertising and make sure we are compliant for our individual markets.

Hey Robert, thanks for the advice. And all the other wonderful comments made by others.

Just a reminder, its always best to check your own states regulations also!

Great information. This is a post everyone should read. I wonder what they are doing in GA...

thanks for the "heads up!"

Patricia Aulson/Portsmouth NH Real Estate

I think that it makes sense to treat blogs as advertising. Just don't have your cell phone number (Illinois rules) without also your business number. There are just too many agents that don't make that clear enough - obviously they are going to go after them. I think they should spend more time on Ethics Violations instead of this nonsense. We're probably paying for it too!

Lyn, there will always be a witch hunt! Better we be proactive and think before we blog, and come across professionally.. We will be better for it anyway!

Thanks again everyone for the comments, as many have mentioned: check your state's Regs... we each have to be responsible for our own "stuff"!

Thanks for the good information!

Great post. Thanks for sharing the information and for the 'heads-up'.

My manager just mentioned this at our weekly meeting. Thanks for reminding me to double check my stuff.

You are welcome Gail, Wow, we are Neighbors! My office is in Manasquan.

Great article. Tons of comments, going back through them now.

JUN

Robert, thanks so much for bringing this to my attention! I am fairly new to blogging and social media in general so this has been very helpful. I will re-check my profiles and blog AND pass this on to my manager!

Hi Robert,

Great information!! Just this week I was in a meeting with the Executive Director of our NJ REC. He shared that we would also be responsible for the compliance of the syndicated web sites that our listings get pumped out to. So now I'm spending the weekend checking them all out. BTW...I just updated my profile to became "Harold" again.

JUN

Looks like I opened up a can of worms with this blog, but in a good way. It is important for all of us to remember that we need not only to be compliant, but to be professional in everything we do. what ever we type here, or anywhere on the internet, becomes "public"... So we need to think before we type!

JUL

I have to check---most of my social network was for socializing-but now I am starting to use it for business too. Geeeze would hate the state and board to see some of the things I have been up to.

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