7 Essential Advertising Guidelines for Washington State Real Estate Brokers

September 27, 2024

Stay compliant and build trust with your clients by mastering these key advertising regulations in Washington State.

Introduction

Advertising is a powerful tool for real estate brokers, but in Washington State, there are specific regulations you must follow to ensure transparency and legal compliance. Failing to adhere to these rules can lead to penalties, damage your reputation, and erode client trust. This article highlights the 7 essential advertising guidelines every Washington real estate broker should know.

1. Always Include Your Firm's Licensed Name

Explanation: All advertising materials—whether online, in print, or through any visual media—must prominently feature your firm's licensed name or an approved assumed name. This ensures the public can clearly identify the responsible real estate firm involved in the advertisement.

Reference: WAC 308-124B-210(1)

Example: If you create a Facebook ad for a new property listing, ensure your brokerage's licensed name is clearly displayed in the ad.

2. Use Titles and Brands Correctly

Explanation: If you use a personal title, name, or brand in your advertising without obtaining an assumed name license, you must clearly and conspicuously display your firm's licensed name or assumed name alongside it. This prevents any confusion about the legal entity responsible for the advertisement.

Reference: WAC 308-124B-210(2)(a)

Example: If you brand yourself as "Jane Doe - Luxury Home Specialist," you must also prominently include your firm's licensed name in all marketing materials.

3. Avoid Misleading Legal Entity Terms

Explanation: Do not use terms like "Inc.," "LLC," "LLP," "Corp.," "Firm," or "Company" in your personal branding if you haven't obtained an assumed name license, as these imply a separate legal entity. Additionally, avoid terms like "Realty," "Realtors," "Firm," or "Real Estate" that are commonly associated with a real estate firm.

Reference: WAC 308-124B-210(2)(b) & (c)

Example: You cannot refer to yourself as "Doe Real Estate Group LLC" unless you have the appropriate licensing and it is approved by the designated broker.

4. Obtain Written Approval for Unlicensed Titles or Brands

Explanation: Before using any unlicensed titles, names, or brands in your advertising, you must receive advance written approval from your firm's designated broker. This step ensures that all branding aligns with legal requirements and firm policies.

Reference: WAC 308-124B-210(2)(d)

Example: If you want to market yourself under a unique brand like "Pacific Northwest Property Pros," you need written consent from your designated broker first.

5. Steer Clear of False or Misleading Advertising

Explanation: It's considered unprofessional conduct to engage in advertising that is false, deceptive, or misleading. All your marketing materials must be honest and transparent to maintain integrity and comply with legal standards.

Reference: RCW 18.235.130(3)

Example: Claiming that a property has "beachfront access" when it only has a distant view of the water is misleading and violates regulations.

6. Comply with Fair Housing Act Requirements

Explanation: Under federal law, your advertisements must not discriminate based on race, color, religion, sex, disability, familial status, or national origin. This applies to both the creation and publication of real estate ads.

Reference: Fair Housing Act

Example: Avoid phrases like "ideal for singles" or "perfect for young couples," which could be interpreted as discriminatory against families.

7. Ensure Transparency Across All Advertising Platforms

Explanation: Whether you're advertising via emails, social media, websites, or print media, the same rules apply. Consistent transparency builds trust and keeps you compliant across all channels.

Reference: WAC 308-124B-210(1)

Example: Your Instagram posts promoting listings must include your firm's licensed name just as your printed flyers do.

Conclusion

Adhering to these advertising guidelines is crucial for maintaining your professional integrity and avoiding legal pitfalls. By ensuring transparency and compliance in all your marketing efforts, you not only protect yourself but also build stronger, trust-based relationships with your clients.

Take Action Today:

• Review all your current advertising materials for compliance.
• Consult with your designated broker before launching new marketing campaigns.
• Stay updated on state regulations to ensure ongoing adherence.

Stay compliant, stay professional, and watch your real estate career thrive in Washington State.