QUESTION:
The broker has noticed a number of property listings and other promotional advertisements on Craig's List that turn out to be from real estate licensees. Do they have to disclose their status as real estate brokers or licensees?

ANSWER:
The rules for advertising under Wisconsin Law and the REALTOR® Code of Ethics apply to on-line advertising in the very same manner as advertising in other media. Article 12 of the Code states: "REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. REALTORS® shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional." This Article was changed, effective January 1, 2008, to establish that the obligation to ensure one's status as a real estate professional goes beyond just advertising.

Wisconsin's license law provides a similar duty of disclosure in advertising:

Wis. Admin. Code § RL 24.04 Advertising.
(1) FALSE ADVERTISING. Licensees shall not advertise in a manner which is false, deceptive, or misleading.
(2) DISCLOSURE OF NAME.
(a) Except for advertisements for the rental of real estate owned by the broker, a broker shall in all advertising disclose the broker's name exactly as printed on the broker's license or disclose a trade name previously filed with the department, as required by s. RL 23.03, and in either case clearly indicate that the broker is a business concern and not a private party.
(b) Except for advertisements for the rental of real estate owned by the licensee, a licensee employed by a broker shall advertise under the supervision of and in the name of the employing broker.
(c) A licensee may advertise the occasional sale of real estate owned by the licensee or the solicitation of real estate for purchase by the licensee without complying with pars. (a) and (b), provided that the licensee clearly identifies himself, herself or itself as a real estate licensee in the advertisement.

READ MORE ABOUT IT:
For additional discussion, please see the December 2007 WRA Broker Supervision Newsletter, "Know What Your Agents Are Doing - Online," @ www.wra.org/bsnDec07.

This Wisconsin REALTORS® Association Best of the Legal Hotline service is provided for you by the WRA's Legal Affairs Department. The service should be considered a general statement of applicable legal principles. Given this format, it is impossible to fully address all potential legal issues which might apply in any particular situation. A determination of any individual's legal rights in a transaction can only be obtained after complete analysis of the law and its applicability to the particular fact situation. Please contact the WRA Legal Hotline if additional information is needed, or private counsel, if legal advice is needed. Thank you for using the Wisconsin REALTORS® Association Best of the Legal Hotline service.