In addition to the Code of Ethics, Realtors® advertising in Virginia are also subject to the Virginia Real Estate Board (VREB) advertising regulations. These rules are intended to protect consumers, and they set the minimum disclosures that must appear in advertising. The disclosures vary depending on the type of advertisement.

According to 18VAC135-20-190, ’Advertising’ means all forms of representation, promotion and solicitation disseminated in any manner and by any means of communication to consumers for any purpose related to licensed real estate activity.” The definition is broad. In practice, advertising includes printed materials, billboards, signs, business cards, email and even social media posts.

There are several important rules that apply to all advertisements:

First, all advertising must be under the direct supervision of the principal/supervising broker (18VAC135-20-190). Brokers are free to add additional requirements over and above those set by the regulations.

Licensees may not advertise identifiable property without the express, written consent of the seller/landlord (18VAC135-20-190) and such advertisements should not knowingly contain any material misrepresentations (18VAC135-20-300(9)). Similarly, Article 12 of the Code of Ethics states that “Realtors® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations.”

Regardless of the medium, VREB regulation 18VAC135-20-190 (and Article 12 of the Code of Ethics) requires all advertising to include the firm’s licensed name. This information must be “clearly and legibly displayed (“reasonable and readily apparent” under the Code of Ethics).

Finally, if a licensee has an ownership interest in the property, they must disclose in the advertisement their status as a real estate licensee (18VAC135-20-190(E)(2)) and, prior to signing any contract, the nature of any interest in the property (Article 4, Code of Ethics).