IMPORTANT: FREC/Momentum Realty Advertising Requirements
Dear Momentum Member,
You are a member of a powerful tribe of proactive, passionate, and risk-taking entrepreneurs, who got into this business to do it your way. Yet, as business owners, you also know the importance of mitigating unnecessary risk. And that includes ensuring compliance with the advertising rules of the Florida Real Estate Commission (FREC) regarding notice of brokerage affiliation.
We’ve been hearing that some agents and brokerages are getting fined over FREC marketing violations. Specifically, they are being cited for violating the requirement that all real estate advertisements, including social media posts, clearly indicate the name of the affiliated brokerage. The specific FREC rules are set forth below. Failure to follow those FREC rules can result in fines to both the agent and the affiliated brokerage.
We are taking this opportunity to remind our agent associates that Momentum requires compliance with FREC rules and with our own marketing standards. To ensure that you are in full compliance, we ask that you immediately take these steps:
1. Review and, if not done already, change your social media and other Internet pages, including Facebook, Instagram, YouTube, Google, etc, to clearly show association with Momentum Realty. This may require that you change the name of your page.
For example, if you are a solo agent, your page cannot simply say “Brittany Brooks – Realtor” or “Brittany Brooks - Real Estate.” It must say “Brittany Brooks, Momentum Realty” or “Brittany Brooks - Momentum Realty.”
If you are on a team, your page cannot just say “The Brooks Group”; it needs to say “The Brooks Group at Momentum Realty.”
The FREC rules even specify exactly how this brokerage information must be presented online, including size and placement of the brokerage information. Please carefully check to be sure you comply with those requirements.
2. The rules also require that your page/site addresses include the brokerage’s address. Momentum’s address is:
Momentum Realty
3. Finally, it is required that Momentum's logo be included in all real estate marketing materials and posts that appear in print or online. For convenience, here is the link to Momentum's
Logos: https://drive.google.com/drive/folders/1-yd4qmGIbNnk-xCXBemCEB79-aaeFicY?usp=sharing
Thank you in advance for respecting the rules of the FREC and of Momentum’s marketing guidelines, to ensure compliance and to limit your financial liability and ours.
Here is an overview of FREC rule 61J2-10.025, Advertising rules of the Florida Real Estate Commission; and 61J2-10.026, Team or Group Advertising
61J2-10.025 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 must include the licensed name of the brokerage firm.
(3)(a) When advertising on a site on the Internet (this includes all internet sites: Google, Facebook, Twitter, Instagram, etc…), the brokerage firm name as required in subsection (1), above, shall be placed adjacent to or immediately above or below the point of contact information. “Point of contact information” refers to any means by which to contact the brokerage firm or individual licensee including mailing address(es), physical street address(es), email address(es), telephone number(s) or facsimile telephone number(s).
61J2-10.026 Team or Group Advertising.
(1) “Team or group advertising” shall mean a name or logo used by one or more real estate licensees who represent themselves to the public as a team or group. The team or group must perform licensed activities under the supervision of the same broker or brokerage.
(2) Each team or group shall file with the broker a designated licensee to be responsible for ensuring that the advertising is in compliance with chapter 475, Florida Statutes, and division 61J2, Florida Administrative Code.
(3) At least once monthly, the registered broker must maintain a current written record of each team’s or group’s members.
(4) Team or group names. Real estate team or group names may include the word “team” or “group” as part of the name. Real estate team or group names shall not include the following words:
(a) Agency
(b) Associates
(c) Brokerage
(d) Brokers
(e) Company
(f) Corporation
(g) Corp.
(h) Inc.
(i) LLC
(j) LP, LLP or Partnership
(k) Properties
(l) Property
(m) Real Estate
(n) Realty
(o) Or similar words suggesting the team or group is a separate real estate brokerage or company
(5) This rule applies to all advertising.
(6) In advertisements containing the team or group name, the team or group name shall not be in larger print than the name of the registered brokerage. (this implies the brokerage name is included in the advertising) All advertising must be in a manner in which reasonable persons would know they are dealing with a team or group.