Use of trade names by real estate brokers and salespersons -- Advertisements

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    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Advertise” means the use of any oral, written, or visual advertisement by a licensed real estate salesperson, licensed real estate broker, licensed associate real estate broker, or other person on behalf of a licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker.

        (3)    (i)    “Advertisement” means, unless the context requires otherwise, any oral, written, or printed media advertisement.

            (ii)    “Advertisement” includes any correspondence, mailing, newsletter, brochure, business card, for sale or for lease sign and sign rider, promotional item, automobile signage, telephone directory listing, television announcement, radio announcement, telephone solicitation, and World Wide Web and Internet voice-overs.

        (4)    (i)    “Designated name” means the individual name of a licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker other than the licensed real estate salesperson’s, licensed real estate broker’s, or licensed associate real estate broker’s full legal name.

            (ii)    “Designated name” includes a first name, nickname, or last name.

    (b)    A licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker may not advertise unless:

        (1)    the name or designated name of the licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker, as the name or designated name appears on the license certificate and pocket card issued by the Commission, is meaningfully and conspicuously included in the advertisement; and

        (2)    the name of the business with which the licensed real estate salesperson, licensed real estate broker, or licensed associate real estate broker is affiliated:

            (i)    is meaningfully and conspicuously included in the advertisement; and

            (ii)    is the full name of the business and not a logo used by the business.


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