70-02-03-02.1. Advertising.

1. Definition. As used in this section, the terms “”advertise””, “”advertising””, and “”advertisement””
   include all forms of representation, promotion, and solicitation disseminated in any manner
   and by any means of communication for any purpose related to real estate brokerage activity,
   including, at a minimum, advertising the sale or purchase of real estate or promotion of real
   estate brokerage services.
2. Trade name. Advertising must be done in the real estate brokerage agency’s trade name as
   licensed with the commission and the trade name must be equal to or greater than, in size
   and visibility, the name of any salesperson, associate broker, or team on the advertising.
   Discipline of licensees based on failure to meet this size and visibility requirement will be
   delayed until January 1, 2023.
   
   
3. Contact information. Advertising must include information on how the public can contact the
   real estate brokerage agency.
4. Advertising by licensees. Advertising by licensees must be under the supervision of the
   designated broker. Such advertising may include a licensee’s name and telephone number or
   other contact information, provided the real estate brokerage agency’s registered business
   name or trade name and contact information are also clearly included as required in this
   section.
5. Deception and misrepresentation prohibited. Advertising and promotion must be free from
   deception and shall not misrepresent the terms of the sale or purchase, real estate brokerage
   agency policies, or real estate brokerage services.
6. A real estate broker may advertise, in the licensee’s own name, property which is owned by
   the licensee, provided that following the licensee’s name where it appears in the
   advertisement, the words “”Owner/Licensed Broker”” must also appear. The provisions of this
   subsection apply both to active broker licensees and licensees whose license is on an inactive
   status.
7. A real estate salesperson may advertise in that person’s own name property which is owned
   by the salesperson, provided that following the name where it appears in the advertisement,
   the words “”Owner/Licensed Salesperson”” must also appear. The provisions of this subsection
   apply both to active salesperson licensees and licensees whose license is on an inactive
   status.
8. Teams. A team is two or more licensees who work for the same brokerage under the
   supervision of the designated broker, work together on real estate transactions to provide real
   estate brokerage services, represent themselves to the public as being part of a team, and are
   designated by a team name. Advertising by a team must comply with all requirements of
   section 70-02-03-02.1. Teams may not advertise in any manner which suggests a team is an
   independent real estate brokerage firm.