South Carolina Code § 40-57-135 is the primary statute regulating real estate advertising in the state.
Key legal requirements include:
A licensee may not advertise real property unless there is a written agreement between the property owner and the brokerage.
This applies to all forms of advertising, including but not limited to:
Websites and landing pages
Email campaigns and newsletters
Social media posts and paid ads
Print advertising and signage
Video marketing
Advertising without proper written authority may be considered a violation of state law.
All real estate advertising must clearly identify the full legal name of the brokerage firm with which the licensee is affiliated.
In online advertising, the law allows this requirement to be met by including a hyperlink to the brokerage’s homepage.
When advertising property in which the licensee has a personal interest, the advertisement must disclose that the individual is a licensed real estate professional.
Official statute source:
https://law.justia.com/codes/south-carolina/title-40/chapter-57/section-40-57-135/
The South Carolina Real Estate Commission, operating under the South Carolina Department of Labor, Licensing and Regulation (LLR), is responsible for:
Enforcing licensing laws and advertising regulations
Investigating complaints related to advertising violations
Publishing official rules, statutes, and disciplinary guidance
SCREC Laws and Rules:
https://llr.sc.gov/re/laws.aspx
SCREC Main Homepage:
https://llr.sc.gov/re/
Regardless of platform, every real estate advertisement in South Carolina must:
Clearly display the full legal brokerage name
Be truthful and not misleading
Avoid implying authority to sell or market a property without written authorization
Make brokerage identification reasonably apparent to the consumer
These requirements apply equally to:
Websites
Email marketing
Social media
Digital ads
Print materials
Signs and billboards
Video and audio marketing
Failure to disclose brokerage affiliation is a common source of disciplinary action.
Websites are considered advertising under South Carolina law.
The brokerage’s full legal name must be clearly visible on the website.
Acceptable placement includes:
Header
Footer
About page
Persistent branding section
State law allows brokerage identification to be satisfied through a direct hyperlink to the brokerage’s homepage.
Best practice is to:
Display the brokerage name in text, and
Link it directly to the brokerage’s official website
Personal agent or team websites must still identify the brokerage.
Brokerage disclosure may not be hidden, abbreviated, or difficult to locate.
A standalone agent website without brokerage identification may be deemed non-compliant advertising.
Interpretive guidance:
https://screaltors.org/advertising-use-brokerage-name-link-sc-laws-nar-ethics/
Marketing emails are considered advertising when they promote real estate services, listings, or solicit business.
While the statute does not specify formatting requirements for email signatures, regulators and industry guidance treat marketing emails the same as other advertising.
Best practice is for marketing emails to include:
Agent name
Full legal brokerage name
Brokerage affiliation clearly visible
Contact information
This is typically satisfied through a compliant email signature.
Listing announcements
Open house invitations
Market updates
Recruitment or referral outreach
Promotional campaigns
Emails lacking brokerage identification may be considered misleading.
Agents may not advertise another broker’s listing without written authorization from the listing brokerage.
This includes posts on:
TikTok
Paid digital ads
Link to an MLS-compliant IDX display whenever possible
Avoid reposting listing photos or details without permission
Ensure brokerage identification is present or clearly linked
SC REALTORS® guidance:
https://screaltors.org/social-media-posts-of-other-brokers-agents-listings/
MLS best-practice reference:
https://support.canopymls.com/kb/article/833-are-you-playing-by-the-rules-when-posting-other-brokers-listings-on-social-media/
In addition to state law, agents are expected to comply with ethical standards established by the
National Association of REALTORS® (NAR).
Requires truthful, accurate advertising
Prohibits misleading claims
Reinforces clear brokerage disclosure across all media
NAR Internet Advertising Policy:
https://www.nar.realtor/legal/risk-management/nar-internet-advertising-policy
SC REALTORS® – Advertising Ethics:
https://screaltors.org/advertising-ethics/
| Advertising Medium | Required Disclosure |
|---|---|
| Websites | Brokerage name visible and/or linked |
| Agent websites | Brokerage affiliation clearly stated |
| Email marketing | Brokerage name included (signature recommended) |
| Social media | Brokerage identified or linked |
| Print advertising | Brokerage name clearly legible |
| Signs | Brokerage name displayed |
| Video | Visual or verbal brokerage disclosure |
Advertising listings without written authorization
Omitting brokerage name from websites or emails
Posting other brokers’ listings without permission
Using abbreviations instead of the full brokerage name
Creating landing pages with no brokerage disclosure
South Carolina Code § 40-57-135
https://law.justia.com/codes/south-carolina/title-40/chapter-57/section-40-57-135/
South Carolina Real Estate Commission – Laws and Rules
https://llr.sc.gov/re/laws.aspx
South Carolina Real Estate Commission – Homepage
https://llr.sc.gov/re/
South Carolina REALTORS® – Advertising and Brokerage Name Guidance
https://screaltors.org/advertising-use-brokerage-name-link-sc-laws-nar-ethics/
South Carolina REALTORS® – Social Media Listing Guidance
https://screaltors.org/social-media-posts-of-other-brokers-agents-listings/
National Association of REALTORS® – Internet Advertising Policy
https://www.nar.realtor/legal/risk-management/nar-internet-advertising-policy