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Practice Of Real EstateLicense_lawHARD

Licensed New Jersey broker Angela operates under the trade name 'Coastal Homes NJ,' which is registered with the NJREC. She hires a licensed salesperson, Derek, who wants to advertise on Instagram under the handle '@DerekSellsNJ' and post listing content without mentioning 'Coastal Homes NJ' in his bio, relying instead on tagging Angela's personal broker account in each post. Under New Jersey advertising regulations, Derek's approach is:

Correct Answer

C) Non-compliant, because the brokerage name must appear within the advertisement itself, not only as a tag

Under N.J.A.C. 11:5-3.2, all advertising by a salesperson must clearly identify the affiliated broker or brokerage within the advertisement itself. Relying on a tag or link to the broker's separate account does not satisfy this requirement because the brokerage identification must be apparent to any viewer of the advertisement without requiring additional navigation. Derek's Instagram posts, which do not display 'Coastal Homes NJ' in the content or bio, constitute blind advertising.

Answer Options
A
Compliant, because tagging the broker's account in each post satisfies the brokerage identification requirement
B
Compliant, because Instagram handles and bios are personal branding tools exempt from advertising rules
C
Non-compliant, because the brokerage name must appear within the advertisement itself, not only as a tag
D
Non-compliant, because salespersons are prohibited from using personal social media accounts for real estate advertising

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Related Topics & Key Terms

Key Terms:

social_media_advertisingblind_advertisingadvertising_rulesbrokerage_identification

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