TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1450 REAL ESTATE LICENSE ACT OF 2000
SECTION 1450.715 ADVERTISING


 

Section 1450.715  Advertising

 

a)         Deceptive and misleading advertising includes, but is not limited to, the following:

 

1)         advertising property subject to an exclusive listing agreement with a sponsoring broker other than the licensee's sponsoring broker without the permission and identification of the sponsoring broker with the exclusive listing;

 

2)         failing to remove advertising of a listed property within a reasonable time, considering the nature of the advertising, the licensee's control over the removal of the advertising, the ease of removing the advertising, knowledge that the advertising was continuing and any other pertinent criteria after the earlier of the closing of a sale on the listed property or the expiration or termination of the listing agreement;

 

3)         advertising property at auction as an absolute auction or auction without reserve, when a minimum bid or opening bid is required;

 

4)         advertising property in a manner that creates a reasonable likelihood of confusion regarding the permitted use of the property.  Examples include advertising a property zoned single family as appropriate for multi-dwelling use by using words such as "apartment", "two units", or "separate living arrangement", unless that use is permitted by a zoning ordinance, a variance from the zoning ordinance, a conditional permitted use or an existing legal non-conforming use;

 

5)         use of URL, domain name, metatag, keyword or other device or method intended to deceptively direct, drive or divert internet traffic or mislead consumers; and

 

6)         advertising that does not display the sponsoring broker's legal name or assumed name in a reasonably apparent manner.

 

b)         For the purposes of this Section and Section 1450.720, listing information available on a sponsoring broker or other licensee's website, extranet or similar website, but behind a firewall or similar device requiring a password, registration or other type of security clearance to access that information shall not be considered advertising.

 

c)         For the purposes of this Section and Section 1450.720, unsolicited marketing of licensed activities and prospecting for clients by licensees shall be considered advertising.

 

d)         Nothing in Section 10-30 of the Act shall require a sponsoring broker to include the name of one of its sponsored licensees on the sponsoring broker's signs or other general advertising.

 

e)         Licensees named as designated managing brokers with the Division shall indicate that status in any marketing or advertising that includes their name, except on "For Sale" or similar signs, as set forth in Section 10-30(g) of the Act. Licensees holding a managing broker license and not named as the designated managing broker with the Division shall represent or hold themselves out as a broker, not as a managing broker.

 

f)         Advertising for a real estate auction must contain the name and address of, when applicable:

 

1)         the licensed broker or managing broker;

 

2)         the licensed auctioneer, as defined in Section 5-20(13) of the Act; 

 

3)         the licensed auctioneer, as defined in Section 5-20(13) of the Act and any other auction licensee holding a real estate auction certification; or

 

4)         the licensed broker or managing broker and an auction licensee holding a real estate auction certification, who is not otherwise exempt under Section 5-20(13) of the Act.

 

(Source:  Amended at 43 Ill. Reg. 1975, effective January 25, 2019)