Colorado broker associate Dana advertises a property on her personal Instagram account with the caption: 'Just listed! DM me for details. #ColoradoRealEstate.' The post does not mention her employing broker, Foothills Realty Group. A colleague tells Dana that personal social media posts are different from 'official' advertising and therefore exempt from CREC rules. Which of the following best describes the legal accuracy of the colleague's statement?
Correct Answer
C) The colleague is incorrect; CREC advertising rules apply to all advertising by a licensee, including personal social media posts promoting real estate services or listings
CREC advertising rules apply to all advertising by a licensee regardless of the medium or platform used, including personal social media accounts. When Dana uses her Instagram account to advertise a specific property listing and solicit inquiries, she is engaged in real estate advertising subject to CREC rules. The post must include Foothills Realty Group's licensed name. There is no exemption for 'personal' or 'organic' social media posts when they are used to promote real estate services or listings.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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