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Internet Advertising Regulations
The regulations regarding both advertising and doing real estate business over the Internet vary, depending on whether the individual doing such business is licensed as a real estate professional in California.
Terms in this set (3)
According to the Commission's Regulation 2770, anyone who advertises or otherwise disseminates information about services over the Internet (including the World Wide Web or similar electronic common carrier systems) will NOT be considered to be in any manner acting in the capacity of, or advertising as, a real estate broker in California, AS LONG AS any ONE of these conditions applies:
(1) If the advertisement or other information involves a service, BUT IS:
NOT directed to any particular person or customer located within California;
LIMITED to general information about the services offered to customers or the public in general; AND
Includes the following words: "The services referred to herein are not available to persons located within the State of California."
(2) If the advertisement or information does not involve a service provided in connection with activity for which a real estate license is required: OR
(3) If the advertisement or information is not being published, circulated, or transmitted on behalf of another person(s).
It is NOT required for a person who advertises or disseminates information about providing a service to have a real estate license if any of the following conditions apply:
The person who is publishing or otherwise circulating the information is exempt from license requirements as set forth in the Business and Professions Code, Sections 10133 or 10133.1;
The services do not include any actions for which a license is required; or
Before there is any direct communication with a specific customer, the business person already has implemented policies and procedures in place for such communication, keeping in mind that the person replying to the communication must not violate the law by acting in the capacity of a real estate licensee; AND
All advertising and information that is made by a California real estate broker MUST STATE SO CLEARLY.
Under the B&P Sections 10235.5 and 10140.6, licensees who advertise on the Internet are required by law to indicate their license status.
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