Help us keep it clean
We have discussed here before the damage that can be done by alienating buyers who are expecting to see property advertised as one thing that turns out to be another. While some ads may contain honest mistakes others are obvious attempts to mislead. The Idaho Real Estate Commission is in charge of enforcing the laws which govern this advertising. At a meeting recently they indicated they would be stepping up enforcement. This should serve as a warning to sellers agents that stretching the truth could lead to penalties if the Com-mission should catch wind. Offended parties, buyers and their agents should do their part by reporting egregious behavior.
Distorted photos aside, some statements made in listings are simply not true and mislead whether intentional or not. In the past month we have seen listings claiming that additional dwellings could be built when that was not the case and another declared as a two bedroom when the home did not contain a single room that meets the legal definition of a bedroom. Here is what the law says about deception in advertising real estate; "No advertising shall provide any information to the public or to prospective customers or clients which is misleading in nature. Information is misleading if, when taken as a whole, there is a distinct probability that such information will deceive the persons whom it is intended to influence." (Idaho Real Estate License Laws & Rules 54-2053. Advertising. page 4)
That makes it pretty clear that agents should stick to the facts when advertising property. Nothing in the law prohibits flowery language or "puffing" as it is called, but actual deception could and should lead to enforcement action that will demonstrate the Commission is taking a serious approach to discipline for errant behavior.
Advertising regulations and guidelines not only cover what may be stated within a property description but also cover how agents market themselves. No doubt you have noticed a team or family photo that accompanies an agent's advertisement. When those photos include non-licensed individuals they are out of compliance with real estate law in Idaho. In Guideline 2, paragraph 5 IREC states, "A person, including an individual or entity that is not licensed in Idaho, may market and advertise Idaho real property, provided the statute's advertising requirements are met, including: every broker or salesperson named in the advertising holds an Idaho license; the licensed business name of the Idaho broker is included in the advertisement and; the advertisement is not otherwise misleading."
The statute also addresses Internet advertising. Those ads on Craigslist that appear to be for sale by owner but have actually been placed there by an agent must meet requirements as stated above. Guideline No. 12 regarding Internet and social media advertising states: "Licensees can use the Internet in multiple ways to contact customers about real estate services and to advertise properties or their services. Licensees should be aware that all statutes and rules respecting advertising apply equally to the Internet. This includes websites, email, and any other potential "on-line" identification, representation, promotion, or solicitation to the public that is related to licensed real estate activity."
We Realtors also cover truth in advertising in our Code of Ethics which all Realtors have sworn to abide by. So, in addition to IREC, offending parties should also be reported to the Coeur d'Alene Association of Realtors where we provide enforcement of the Code.
Trust an expert...call a Realtor. Call your Realtor or visit www.cdarealtors.com to search properties on the Multiple Listing Service or to find a Realtor member who will represent your best interests.
Kim Cooper is a real estate broker and the spokesman for the Coeur d'Alene Association of Realtors. Kim and the association invite your feedback and input for this column. You may contact them by writing to the Coeur d'Alene Association of Realtors, 409 W. Neider, Coeur d'Alene, ID 83815 or by calling (208) 667-0664.