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Practice Of Real EstateLicense LawHARD

A Maine designated broker discovers that one of her associate brokers has been advertising properties on social media using only the associate broker's personal name, with no mention of the brokerage firm. The associate broker argues that since it's his personal social media account, he is not required to include the brokerage name. Under MREC advertising rules, who is correct and why?

Correct Answer

D) The designated broker is correct; all real estate advertising by licensees must identify the brokerage under whose license the activity is conducted

Under 32 M.R.S. § 13191 and MREC advertising rules, all real estate advertising — including social media posts — by a licensee must clearly identify the brokerage firm under whose license the activity is conducted. The medium of advertising (personal social media vs. paid ads) does not exempt a licensee from this requirement. Blind advertising is prohibited in Maine.

Answer Options
A
The associate broker is correct; only paid advertising placements require disclosure of the brokerage name under Maine law
B
The designated broker is correct, but only if the social media posts include a specific property address or list price
C
The associate broker is correct; personal social media accounts are not subject to MREC advertising regulations
D
The designated broker is correct; all real estate advertising by licensees must identify the brokerage under whose license the activity is conducted

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Related Topics & Key Terms

Key Terms:

advertising_rulesblind_advertisingsocial_mediabrokerage_identificationmaine_specific

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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