Are You Using Proper Disclosure When You Post an Ad on Craigslist?

This past week in addition to studying the MLS looking for rental property for my daughter and her husband we have also been looking at craiglist.  Yesterday an ad caught our attention.  The ad said "rent/buy immediately.  Email xxx or call xxx for details on this beautiful unit."   The neighborhood mentioned was one on our prime target list. We knew every unit that was for sale or rent in the MLS so we thought YEA a property for rent by owner.

My daughter sent an email and a reply came almost immediately.  "I have several properties available.  How soon do you need something...have you considered buying."  Hmmm you have several units available?  That's a bit odd.  An investor maybe?  And then the light bulb went off in my head. 

The person placing the ad was a real estate agent  It took me about two seconds by the nature of their response to figure it out.  Then I went to our Department of Occupations site and looked up their name to confirm they were indeed a real estate agent.  Placing an ad on Craig's list trying to assist buyers or renters isn't a problem.  However not identifying yourself as a real estate agent is a violation of  Article 12 of the Realtor® Code of Ethics.

"REALTORS shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional."

To be fair I went on-line and sent them an email asking if they were a real estate agent.  I hoped they would follow up and correctly identify themselves.  Do you think we heard from them again?  No not a word.  However that didn't stop them from posting another ad.  Today we found an identical ad for a different community.  Same email, same phone number, same lack of disclosure. 

If you are using craigslist to place ads or search for new clients good for you.  But if you are using craigslist to advertise list properties or advertsie services make sure you are posting the disclosures required by the Code of Ethics and your state.  You could find yourself in hot water with your local association and state regulations if you aren't.