For those of you who operate as a real estate team, K.A.R. 86-3-7 still applies, particularly section (a) and section (d). These two sections are at the root of most of the violations that we see concerning advertising on the web. Section (a) violations are most often seen because the name of the team appears everywhere, but the broker’s name or trade name is no where to be found. Section (d) violations are seen when the broker’s name or trade name appears, but its not on all the pages, its not prominently displayed, or the design has been done in such a way that it is not clear who the broker is. Section (d) prohibits the licensee from advertising in such a way that is confusing to the public as to the identity of the broker. Underlying this regulation is a statute, K.S.A. 58-3062(a)(1), which prohibits the licensee from intentionally using advertising that is misleading or inaccurate in any material way.

Sometimes it is difficult to tell licensees exactly what is and isn’t allowed under the license law when discussing advertising. The reason is because there are probably millions of different ways for licensees to design their website. The license law was written for the protection of the public. The requirements refer to words like confusing, misleading, inaccurate and hinder. The best way to reduce your chances of doing it wrong, is to take off your licensee hat for a moment. Pretend you do not know anything about the license law. Pretend you are a member of the public looking at the advertising. Does it include the broker’s name or trade name? Is it clear that the broker is the broker and not the named team? Is there anything that could be considered confusing, misleading or inaccurate as to who is the broker and who is the team member working under that broker?

Also, we recommend that you run the advertising by your broker for pre-approval prior to publication. In addition to the requirement that the broker’s name or trade name be included, K.A.R. 86-3-7(a) requires advertising to include “…and such other information as the broker considers necessary.” Remember that the license law sets the minimum requirements for advertising. Your supervising broker may set more stringent requirements. Find out from your broker what he or she requires in any advertising. The broker requirements likely will vary between firms.