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 1450.720 INTERNET ADVERTISING


 

Section 1450.720  Internet Advertising

 

a)         Definitions.  For the purposes of this Section, these terms shall be defined as follows:

 

1)         Advertising or Marketing Real Property:  A website that consists of information regarding properties listed with a licensed real estate entity, the identity of that licensed real estate entity or individual licensee for each property and information related to those properties.

 

2)         Advertising or Marketing of Licensed Activities:  A website that includes an offer or solicitation to provide licensed activities in connection with marketing or identifying real property for sale or lease.

 

3)         Page:  Each html document.  This can include several screens of information that are viewed by scrolling down to the end of the document.

 

4)         Frame:  This refers to the portion of the webpage that does not change when the user links to a different site or moves to different pages.

 

5)         Scraping:  This refers to copying existing listing information or keywords from the website of another licensee, then using or altering the listing information or keywords and posting or displaying the listing information or keywords for the benefit of the general public in front of a firewall on another website without written or electronic permission and disclosure of the original listing licensee.

 

b)         Sponsoring Broker's Advertising or Marketing Real Property

 

1)         A sponsoring broker that has permission to advertise or market real property must include the following information on the page where the sponsoring broker's advertisement or marketing appears:

           

A)        the sponsoring broker's name as licensed with the Division or the assumed name it properly submitted to the Division (commonly recognized abbreviations are permitted);

 

B)        the city or geographic area where the property being advertised or marketed is located; and

 

C)        if the sponsoring broker does not hold a real estate license for the jurisdiction where the property is located, the regulatory jurisdictions where the sponsoring broker does hold a real estate license.

 

2)         When a sponsoring broker is advertising a property that is subject to an exclusive listing agreement with another sponsoring broker, the sponsoring broker seeking to advertise the property shall obtain permission from and identify in the advertisement the sponsoring broker with the exclusive listing.

 

3)         If this information is on the frame of the sponsoring broker's website, it need not be included on every website page.

 

c)         Sponsoring Broker's Home Page

 

1)         A sponsoring broker advertising or marketing licensed activities must include the following information on the sponsoring broker's home page:

 

A)        the sponsoring broker's name as licensed with the Division or the assumed name it properly submitted to the Division (commonly recognized abbreviations are permitted); and

 

B)        the city and state where the sponsoring broker's principal office is located.

 

2)         If this information is on the frame of the sponsoring broker's website, it need not be included on every website page.

 

d)         Licensee's Advertising or Marketing

 

1)         Any licensee with permission to advertise or market real property must include the following information where the licensee's advertisement or marketing appears:

 

A)        the licensee's name as licensed with the Division or the assumed name the licensee properly submitted to the Division;

 

B)        the city or geographic area where the property being advertised or marketed is located;

 

C)        the name of the sponsoring broker with which the licensee is associated, as that sponsoring broker's name is licensed with the Division, or the assumed name the sponsoring broker properly submitted to the Division (commonly recognized abbreviations are permitted); and

 

D)        if the licensee does not hold a real estate license for the jurisdiction where the property is located, the regulatory jurisdictions where the licensee does hold a real estate license.

 

2)         If this information is on the frame of the licensee's website, it need not be included on every website page.

 

e)         Licensee's Home Page

 

1)         A licensee advertising or marketing licensed activities must include the following information on the licensee's home page:

 

A)        the licensee's name as licensed with the Division or the assumed name the licensee properly submitted to the Division;

 

B)        the name of the sponsoring broker with which the licensee is associated, as that sponsoring broker's name is licensed with the Division, or the assumed name the sponsoring broker properly submitted to the Division (commonly recognized abbreviations are permitted); and

 

C)        the city and state where the licensee's office is located.

 

2)         If this information is on the frame of the licensee's website, it need not be included on every website page.

 

f)         Sponsoring Broker − E-commerce or Electronic Communications

 

1)         A sponsoring broker using e-commerce or electronic communications, such as e-mail, e-mail discussion groups and bulletin boards for marketing or transactional purposes, must include the following information on the first or last page of all communications:

 

A)        the sponsoring broker's name as licensed with the Division or the assumed name it properly submitted to the Division (commonly recognized abbreviations are permitted); and

 

B)        the city and state where the sponsoring broker's principal office, or the office from which the communication originated, is located.

 

2)         This subsection (f) shall not apply to communications between a sponsoring broker and a member of the public provided that the member of the public sent a communication to the sponsoring broker and that the sponsoring broker's initial communication contained the information required in this subsection (f).

 

g)         Licensee − E-commerce or Electronic Communication

 

1)         A licensee using e-commerce or electronic communications, such as e-mail, e-mail discussion groups and bulletin boards, for marketing or transactional purposes, must include the following information on the first or last page of all communications:

 

A)        the licensee's name as licensed with the Division or the assumed name the licensee properly submitted to the Division;

 

B)         the name of the sponsoring broker with which the licensee is associated, as that sponsoring broker's name is licensed with the Division or the assumed name the sponsoring broker properly submitted to the Division (commonly recognized abbreviations are permitted); and

 

C)         the city and state where the licensee's office is located.

 

2)         This subsection (g) shall not apply to communications between a licensee and a member of the public provided that the member of the public sent a communication to the licensee and that licensee's initial communication contained the information required in this subsection (g).

           

h)         A sponsoring broker or other licensee may link to listing information from another website without approval unless the owner of the website linked to specifically requires consent.  Any link must not mislead or deceive the public as to the ownership of any listing information.

 

i)          All licensees, including sponsoring brokers, shall periodically review advertising and marketing information on their website and update the information as necessary to assure that the information is current and not misleading.

 

(Source:  Amended at 40 Ill. Reg. 12588, effective September 2, 2016)