General Area in New York>Question Details

Aileen-Manha…,  in New York, NY

Do any of your brokerages consult with attorneys when it comes to your marketing and advertising?

Asked by Aileen-Manhattan-NYC, New York, NY Sat Aug 25, 2007

This question is meant for Realtors, primarily, but anyone is free to answer, of course.

I met an attorney who specialized in providing legal advice in advertising/marketing, sweepstakes and intellectual property. She started mentioning federal and state laws that would be relevent to realtors having e-newsletters, coupons, web sites, etc...

It got me wondering, do your brokerages refer to these laws or inform you of what they are OR is that considered your responsibility as an independent contractor?

Help the community by answering this question:

Answers

7
BEST ANSWER
We have an attorney that we consult with on a regular basis. We do not submit every ad before running, of course. I maintain a notebook with our Q's and samples if we have any specific conserns. We have also sumbitted questions in writing to our REC for our state, and requested a response in writing. Once we recieved two different answers from two different individuals at the commission. That was interesting!

As a Broker, it is our policy that all ad copy be sumitted to the company before running. As far an web represenrtations, we request that agents provide us their list of URLs. It is impossible to monitor everything an agent does. That would be an unwelcome intrusion, as well as too cost prohibitive for us. We do random reviews, and advise agents when we think they are potentially in violation. We monitor agent sites more closely when they are new, or when they have put up info that violates our company policies, fair housing laws, or real estate licensing statues.

We do come across situations that are questionable, and put those in our attorney file for my next meeting. I try to meet w/ our attorney once a quarter. We are pleased when we have no reason to contact him in between, but there are always quick questions or minor issues that generate a few phone calls.
3 votes Thank Flag Link Sat Aug 25, 2007
Deborah Madey, Real Estate Pro in Brick, NJ
MVP'08
Contact
Our brokerage does not routinely consult with attorneys for our marketing and advertising. We do have our guideline and the understanding of ethics on what can and can not be advertised, both from our brokerage and from Realtor Associations such as NAR, CAR, and MAR (Marin).

If I have specific questions about certain marketing and advertising materials, I will first consult with my broker, then our attorney if needed

As a very reputable firm, they support me and they will not let me out in the cold if needed and that's why I choose to be associated with them..

We do have to pay for our E&O insurance, which covers a lot more. .

Sylvia
3 votes Thank Flag Link Sat Aug 25, 2007
Sylvia Barry,…, Real Estate Pro in Marin, CA
MVP'08
Contact
At our offices we have guidelines of what needs to be in our marketing. They are part of our orientation for new agents. Our broker is an attorney, which is helpful if we have any questions, most of our questions aren't about advertising.
1 vote Thank Flag Link Sat Aug 25, 2007
The company I work for has an in house lawyer, plus the company gives us guidlines to go by.
0 votes Thank Flag Link Tue Aug 28, 2007
Any ads involving prizes, giveaways, raffles & the like should be cleared through an attorney to make sure they comply with state and federal law. Otherwise, marketing copy is usually safe and not worth the legal fees.
0 votes Thank Flag Link Tue Aug 28, 2007
Yes there are rules regarding your website, email, and e newsletters, and don`t forget Voice mail. I regard the same rules for print as for Internet.
As far as my office policy goes. I work for a high profile broker, He is a great guy and I am very fortunate to know him. If I have a question about anything I ask.
If I don't ask, and embarrass the firm, I am fired.
I really like Lawyers, as long as they are not representing me.
0 votes Thank Flag Link Sat Aug 25, 2007
Mr.P, Other/Just Looking in Arizona
MVP'08
We are a small, young company - so when we first started we consulted with an attorney any time we tried a new program or wanted to do something different than what we did when working with Century 21. Any independent advertising that our agents do need to be approved by our broker.

In PA, we have a Legal Hotline provided by the Pennsylvania Association of Realtors. They have call times several hours every week day and the lawyers on call will answer most questions at that time (for free). They specialize in Real Estate Law, and when a problem arises, that is who we call.
Web Reference: http://www.cityservice.com
0 votes Thank Flag Link Sat Aug 25, 2007
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer