(225 ILCS 454/10-30)
(Section scheduled to be repealed on January 1, 2030)
(a) No advertising, whether in print, via the Internet, or through social media, digital forums, or any other media, shall be fraudulent, deceptive, inherently misleading, or
proven to be
misleading in practice. Advertising shall be considered misleading or untruthful if,
when taken as a whole,
there is a distinct and reasonable possibility that it will be misunderstood or
will deceive the
ordinary consumer. Advertising shall
contain all information
necessary to communicate the information contained therein to the public in an accurate,
direct, and readily
comprehensible manner. Team names may not contain inherently misleading terms, such as "company", "realty", "real estate", "agency", "associates", "brokers", "properties", or "property".
(b) No blind advertisements may be used
by any licensee, in any media, except as provided for in this Section.
(c) A licensee shall disclose, in writing, to all parties in a transaction
his or her status as a
licensee and any and all interest the licensee has or may have in the real
estate constituting the
subject matter thereof, directly or indirectly, according to the following
(1) On broker yard signs or in broker advertisements,
no disclosure of ownership is necessary. However, the ownership shall be indicated on any property data form accessible to the consumer and disclosed to persons responding to any advertisement or any sign. The term "broker owned" or "agent owned" is sufficient disclosure.
(2) A sponsored or inactive licensee selling or
leasing property, owned solely by the sponsored or inactive licensee, without utilizing brokerage services of their sponsoring broker or any other licensee, may advertise "By Owner". For purposes of this Section, property is "solely owned" by a sponsored or inactive licensee if he or she (i) has a 100% ownership interest alone, (ii) has ownership as a joint tenant or tenant by the entirety, or (iii) holds a 100% beneficial interest in a land trust. Sponsored or inactive licensees selling or leasing "By Owner" shall comply with the following if advertising by owner:
(A) On "By Owner" yard signs, the sponsored or
inactive licensee shall indicate "broker owned" or "agent owned." "By Owner" advertisements used in any medium of advertising shall include the term "broker owned" or "agent owned."
(B) If a sponsored or inactive licensee runs
advertisements, for the purpose of purchasing or leasing real estate, he or she shall disclose in the advertisements his or her status as a licensee.
(C) A sponsored or inactive licensee shall not
use the sponsoring broker's name or the sponsoring broker's company name in connection with the sale, lease, or advertisement of the property nor utilize the sponsoring broker's or company's name in connection with the sale, lease, or advertising of the property in a manner likely to create confusion among the public as to whether or not the services of a real estate company are being utilized or whether or not a real estate company has an ownership interest in the property.
(d) A sponsored licensee may not advertise under his or her own name.
Advertising in any media shall be
under the direct supervision of the sponsoring or designated managing broker and in the
business name, which in the case of a franchise shall include the franchise
affiliation as well as the
name of the individual firm.
This provision does not apply under the following circumstances:
(1) When a licensee enters into a brokerage agreement
relating to his or her own real estate, or real estate in which he or she has an ownership interest, with another licensed broker; or
(2) When a licensee is selling or leasing his or her
own real estate or buying or leasing real estate for himself or herself, after providing the appropriate written disclosure of his or her ownership interest as required in paragraph (2) of subsection (c) of this Section.
(e) No licensee shall list his or her name or otherwise advertise in his or her own name to the
general public through any
medium of advertising as being in the real estate business without listing his
or her sponsoring
broker's business name.
(f) The sponsoring broker's business name and the name of the licensee must
appear in all
advertisements, including business cards. In advertising that includes the sponsoring broker's name and a team name or individual broker's name, the sponsoring broker's business name shall be at least equal in size or larger than the team name or that of the individual.
(g) Those individuals licensed as a managing broker and designated with the Department as a designated managing broker by their sponsoring broker shall identify themselves to the public in advertising, except on "For Sale" or similar signs, as a designated managing broker. No other individuals holding a managing broker's license may hold themselves out to the public or other licensees as a designated managing broker, but they may hold themselves out to be a managing broker.
(Source: P.A. 101-357, eff. 8-9-19.)