Chapter 16 - Illinois License Law - Exercise 6

Gap-fill exercise

Fill in all the gaps, then press "Check" to check your answers. Use the "Hint" button to get a free letter if an answer is giving you trouble. You can also click on the "[?]" button to get a clue. Note that you will lose points if you ask for hints or clues! The box below includes a word list for this exercise. Words may be used more than once.
   100      agent      blind      Blind      broker      DFPR      entirety      exclusive      firewall      inoperative      is      joint      licensee      listings      may      name      not      posts      public      scrapes      services      Sponsored      writing   


Licensees are prohibited from placing or participating in any advertising that could be construed as fraudulent, deceptive, inherently misleading or proven in practice to be misleading. Advertising will be considered misleading or untruthful if, when taken as a whole, there is a distinct possibility that it will be misunderstood or will deceive the ordinary purchaser, seller, lessor, or owner. Advertising must be communicated in a direct and readily comprehensible manner.

A advertisement is an ad that does not include the name of the brokerage firm in the ad. ads for the sale or lease of property, or for the performance of other real estate activities are prohibited under the act. Blind ads run by a sponsoring broker recruiting or seeking licensees are prohibited.

Deceptive or misleading advertising will include the advertising of an listing of another broker without the permission of the broker and the identification of the broker in the ad. It may also include the failure to remove advertising of a listed property within a reasonable period of time of the listings expiration or sale. Listing information on a web site, extranet or similar site but behind a firewall requiring a password is considered advertising. Unsolicited marketing of a licensee's real estate brokerage services or other prospecting considered to be advertising.

Licensees must disclose in , his or her status as a licensee to all the parties in a transaction. This disclosure is required whether the licensee is selling, leasing, or purchasing any interest in the real estate that is the subject of the transaction. or licensees running ads for the purpose of purchasing or leasing real estate, must disclose in the advertising, their status a .

A cannot advertise in their own name. All advertising must be done under the direct supervision of the broker. The brokerage's , including any franchise affiliation, must be included in all advertising. No licensee can list their name under the heading or title "Real Estate" in the telephone directory or any other medium without listing the sponsoring broker's business name. The sponsoring broker's business name must appear in all advertisements including business cards. There are no requirements as to specific print size between the broker's business name and the salesperson's name.

Internet Advertising

A sponsoring broker which has authorized advertising or marketing property must include on the web pages on which the company or firm's advertisement or marketing appears the following data:
1) the city or geographic area in which the property being advertised or marketed is located;
2) the company's name as registered with the or the assumed name it has registered with the ; and
3) if the sponsoring broker does not hold a real estate brokerage license for the jurisdiction in which the property is located, the regulatory jurisdictions in which the sponsoring broker does hold a real estate brokerage license.

A sponsoring broker advertising or marketing real estate brokerage must include on the company's home page or on a clearly identified link appearing on that page the following data:
1) the name of the company or the firm's name as registered with the DFPR or the assumed name as it is registered with the DFPR; and
2) the city and state in which the company's principal office is located.
Whether advertising or marketing property listings or brokerage services, this information must be on each web page. If the information is contained on the frame of the sponsoring broker's site, it does not have to be included on every page of the site. Licensees working for a broker authorizing licensees to advertise or market, must include their name in addition to these other requirements.

A sponsoring broker using e-commerce or electronic communications, such as e-mail, e-mail discussion groups such as bulletin boards for marketing or transactional purposes, must include on the first or last page of all communications the following data:
1) the company or firm's name as registered with the DFPR or the assumed name it has registered with the DFPR;
2) the city and state in which the sponsoring broker's main office or the office from which the communication originated is located.

Licensee's working for a brokerage, in addition to the above, must include their name in the communication. This information is only required on a brokerage's or licensee's attempted solicitations of a consumer. If a consumer has sent a communication to the brokerage or licensee in reply to a communication from the broker or licensee which included all the required information, the brokerage or a licensee need not include this information again.

It is a violation of the act if a licensee or sponsoring broker listing information from an Internet site and then it to another Internet site for viewing by the general . Listing information, however, that is scraped from another Internet site and is placed behind a firewall or other device which is password protected does not violate any rules and need not identify the listing broker.

The licensee must have authorization to scrape the site from the site being scraped

A sponsoring broker or a licensee may link to listing information from another Internet site without approval unless the owner of the site linked to specifically requires their consent. Any link must be done in a way that does not mislead or deceive the public as to the ownership of any listing information. All licensees, including, sponsoring brokers, must periodically review the advertising and marketing information on their site to update it and assure the information is current and accurate.
A web page is single document that consists of multiple screens of information. Frames divide web pages into multiple, scrollable regions or windows. Each region or frame has several features. Elements that the user should always see, such as the office name, agent name, address, phone, etc., can be placed in a static frame. As the user surfs through the web site, these static frames remain fixed. Many web sites or servers are password protected. Only those people with the password are authorized and able to access the site. Outsiders are locked out. This security or password protection that is created on the host server is referred to as a . Basically, a is created to protect the unauthorized access and tampering of a corporate network, while allowing the corporation's own employees to access the Internet. _________________________________________________

Rules Regarding the Sale of a Licensee's Own Property

Licensees sell, lease and advertise property that is solely owned by them "by owner." These "by owner" transactions do not utilize the services of a real estate broker. Under the act, property is solely owned by a sponsored or inoperative licensee if the licensee:
1) has a % ownership interest
2) has ownership as a tenant or tenant by the
3) holds a % beneficial interest in a land trust

On "by owner" yard signs and in "by owner" newspaper ads, a licensee and inoperative licensee must indicate the property is " owned" or "broker owned." A sponsored or inoperable licensee cannot use the sponsoring broker's company name in connection with the sale, lease, or advertisement of the property nor utilize the sponsoring broker's name in a manner likely to create confusion among the public as to whether or not the services of a brokerage firm are being utilized.

No notice of ownership is required when using the yard sign of a or in the advertising run by a . When consumers respond to this ad or a sign, it must be immediately disclosed to them the property is agent or broker owned.