Here's a list of things I continually see that are in error.

1. Any licensee who advertises by signs or in newspapers, the Internet, or any other media, any real property for sale, lease, exchange or transfer that is listed with a broker, must include in legible print in the advertisement the complete business name that has been registered with the Commission, and office phone number registered by the broker of record with the Commission for that office location. Nothing contained herein shall preclude the listing of additional phone numbers.

All such advertising shall also contain language or abbreviations that clearly identify each phone number listed. Examples include, but are not limited to: "Office"; "Home"; "Res."; "Car"; and "Cell". (Sec. 7.3.3 of Rules & Regs of Delaware Real Estate Commission.)

2. All advertisements for personal promotion of licensees must include the complete business name that has been registered with the Commission, and office phone number registered by the broker of record with the Commission for that office location. (Sec. 7.3.4 of Rules & Regs of Delaware Real Estate Commission.)
3. You cannot use words to modify the word REALTOR^®, such as #1 REALTOR, your Beach REALTOR, your Seaford REALTOR, etc. (REALTOR^® Marks, Proper Use of the Word REALTOR^®)
4. REALTOR^® firm websites shall disclose the firm's name and state(s) of licensure in a reasonable and readily apparent manner.

   Websites of REALTORS^® and non-member licensees affiliated with a REALTOR^® firm shall disclose the firm's name and that REALTOR^®'s or non-member licensee's state(s) of licensure in a reasonable and readily apparent manner. (Adopted 1/07) (Code of Ethics - Article 12, Standard of Practice 12-9)

5. When seeking information from another REALTOR^® concerning property under a management or listing agreement, REALTORS^® shall disclose their REALTOR^® status and whether their interest is personal or on behalf of a client and, if on behalf of a client, their representational status. (Amended 1/95) (Code of Ethics - Article 3, Standard of Practice 3-7)
6. When sending out flyers offering a bonus, the bonus must be offered to the Buyer Broker or Buyer Agency; it cannot be offered to a Buyer's Agent since only a Broker can receive a commission or bonus. That commission and/or bonus is shared with an agent through an Independent Contractor Agreement.
7. The Consumer Information Statement required by this chapter shall be delivered to the consumer no later than the first scheduled appointment or showing of a property (whichever is earlier). For a transaction begun or conducted without a face to face meeting, the licensee shall provide the CIS with other papers sent to the consumer by mail or by electronic transmission. (Title 24, Chapter 29, Real Estate Brokers and Real Estate Salespersons.)
8. When sending out Newsletters advertising Actives and Solds, you must have the permission of the listing Broker to advertise Actives, and once you receive that permission, you should name the listing broker. With regard to Solds, the period of time during which the transactions had closed must be clearly stated; you must disclose that the information was taken from the local MLS compilation of historical data and you must clearly indicate that the properties on the list had been listed and sold by various Participants in the MLS. (Interpretation of Article 12 of the Code of Ethics.)

I hope the above tips will keep everyone out of trouble.

See you next week!

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