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Oregon’s New Advertising Rules: What are the Key Changes?
Oregon has new advertising rules effective January 1, 2021.
First off, a quick reminder about where the advertising rules can be found. They are part of the Oregon Administrative Rules Chapter 863, Division 15, Section 0125 (OAR 863-015-0125).
So what are the key changes?
First, Principal Brokers no longer need to approve the advertising of their associated brokers. Brokers are now legally responsible for their own advertising. Of course, firms may still choose to have their own office policies related to advertising approval.
Second, further clarifying the rule that advertising be truthful and not deceptive, the advertising rules now specifically state that if a licensee is not the authorized licensee for a registered business, the licensee cannot state or imply in their advertising that they are responsible for the operation of the business.
Third, Property Managers now have their own advertising rule. It is OAR 863-025-0125
Fourth, licensees no longer need to include the phrase “Licensed in Oregon” on online advertising.
Fifth, licensees no longer need their name and registered business name on each social media post that advertises real estate or real estate services. Rather, as long as the licensee’s social media post has a link to their social media account profile page or another webpage that contains those required elements, the licensee will meet the requirements.
Finally, licensees are now allowed to register and use an alternative name for their advertising. This could be a nickname or a middle name or any other name that the licensee commonly uses. The requirements for registration and use of the alternative name are:
- It must include a minimum of one first name and one last name or surname.
- The licensee must to submit to the agency documentation showing that the licensee is commonly known by the alternative name
- The licensee can have only one active registered alternative name at a time.
- When advertising with the alternative name, the licensee must also includes the licensee’s license number in the advertisement.
Finally, the agency can refuse to register the alternative name if it finds that the name is misleading, constitutes an unlawful trade name, or is too similar to a name that another individual is already using to conduct professional real estate activity.
The agency has an online application to apply for an alternative name. The application can be found inside the licensee’s e-license account.
That’s a summary of the new advertising rules. Remember, if you are a Broker or a Principal Broker you can review the advertising rules by looking at OAR 863-015-0125 and if you are a Property Manager you can find the rules in OAR 863-025-0125. For a further discussion on advertising, see our Risk Management Toolkit and check out our Legal Brief video about the advertising rule changes.