Section 1450.715  Advertising

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

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

2)         failing to remove advertising of a listed property within a reasonable time, given the nature of the advertising, the licensee's control over the removal or stopping of the advertising, the ease of removing or stopping 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 a property at auction as an absolute auction or auction without reserve, when there is a minimum bid or opening bid required;

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

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.

b)         For the purposes of this Section and Section 1450.720 (Internet Advertising), listing information available on a sponsoring broker's or licensee's website, extranet or similar site 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 a licensee's real estate brokerage services and farming (prospecting) 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 signs or other general advertising of the sponsoring broker.