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Practice Of Real Estate DisclosuresAdvertising_and_ethicsMEDIUM

A California-licensed salesperson uses the title 'Real Estate Consultant' on business cards and marketing materials without holding any special certification or designation. Under DRE regulations, this practice is:

Correct Answer

D) Permissible, because no law reserves that title and the advertising is not otherwise misleading

California regulates what a licensee claims, not the descriptive words a licensee chooses. Business and Professions Code 10140.6 requires solicitation materials intended as a first point of contact to show the licensee's name, license identification number and the responsible broker's identity, and the advertising rules prohibit statements that are false or misleading. No statute or regulation reserves the word consultant, and describing the service offered is not a claim to a credential. What a licensee may not do is claim a license classification they do not hold, such as broker, or claim a designation they have not earned. So the title is allowed as long as the required identification appears and nothing else in the material misleads.

Answer Options
A
Permissible, because a licensee may use any title on personal marketing materials
B
Impermissible, because the title implies a certification the salesperson has not earned
C
Impermissible, because California reserves the word 'consultant' to licensed brokers
D
Permissible, because no law reserves that title and the advertising is not otherwise misleading

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Related Topics & Key Terms

Key Terms:

advertisingtitleconsultantmisleadingBP_Code_10140.6

Related Concepts

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