Electronic advertising can take many forms. In short, “Electronic Media Advertising” includes any advertising conducted online and not in print. This includes emails, social media, websites and text messages.

Electronic advertisements must include (i) the licensee’s name, (ii) the licensee’s affiliated firm name; and (iii) the city and state in which the licensees’ place of business is located. In addition, the Code of Ethics requires (iv) state(s) of licensure in all electronic advertisements and firm websites.

This information must be “viewable on the main page or no more than one click away from the main page” (18VAC135- 20-190). “Viewable page” means a page that may or may not scroll beyond the borders of the screen and includes the use of framed pages. The content of the electronic advertisement, including the property description and the listing status, must be kept current and consistent (18VAC135-20-190 (C)(3)).

Remember, all advertising must be under the direct supervision of the principal/supervising broker. Brokers are free to add additional requirements over and above those set by the regulations.

Under Virginia law and the Code of Ethics, the term “website” generally includes social media. Like the VREB regulations, the National Association of Realtors® has adopted a policy whereby the required information and disclosures can be no more than “one click away” from the social media or website post. For example, a social media posting may include a link to a listing or to a Realtor’s® website. If the required information is included on the linked page, the Realtor® may be in compliance.

If the website has an “About” page with this information that can be accessed from any other page on the website, the Realtor® may be in compliance. However, the Code of Ethics still requires that this information be readily apparent. Therefore, one should not have to click to a second page, scroll through several screens, or actively search through small font for the required information.

Some suggested best practices include:

(1) Include the required information in your profile or “About Me” section.

(2) Include the information in the banner or footer of your website so that it is present on every page within the site.

(3) Always review hyperlinks in your postings to ensure that the required information is included on the linked page.