All advertising by Tennessee real estate licensees—regardless of medium—must comply with TREC’s advertising rule, 1260-02-.12. This includes print, digital, signs, email signatures, websites, social media, video, streaming, flyers, etc. 

Importantly, “advertising” under TREC does not include certain promotional materials, such as hats, pens, notepads, t-shirts, name tags, sponsorships, etc. (Legal Information Institute)

Key Requirements

1. Firm Name & Firm Telephone Number

• All advertisements must include the firm name (as licensed with TREC) and the firm telephone number, as filed with the Commission. (Legal Information Institute)

• The firm name must appear in letters the same size or larger than the licensee’s name, team name, or any other designation in the ad. (Legal Information Institute)

• If using a franchise or cooperative name, the ad must clearly and unmistakably include:

  • The individual licensee’s name,

  • The firm name, and

  • The firm telephone number (Legal Information Institute)

2. Supervision & Broker Oversight

• All advertising must be under the direct supervision of the principal (or supervising) broker. (Legal Information Institute)

• The broker is responsible for ensuring all ads by affiliated licensees comply with TREC’s advertising rule. (Tennessee State Government)

3. Accurate Naming of Individuals

• If an advertisement refers to an individual licensee, it must list the name exactly as licensed with TREC (no nicknames or alternate names). (Legal Information Institute)

• Ads must not imply that an individual licensee or team is operating independently from the firm. In particular, teams or groups should avoid terms like “Realty,” “Associates,” “Company,” “LLC,” etc., if those terms could mislead the public into thinking the team is a separate brokerage. (Legal Information Institute)

4. Authorization for Advertising Property & Listings

• No licensee may post an advertisement (e.g. signage, listing ads) for property without written authorization from the owner or the owner’s agent. (Legal Information Institute)

• A licensee cannot advertise property listed by another licensee unless they first obtain written authorization from the listing agent or broker. (Legal Information Institute)

5. Prohibition on Misleading, False or Deceptive Advertising

• All advertising must be truthful, clear, and not misleading, deceptive, or imply something false. (Legal Information Institute)

• Examples of prohibited practices:

  • Advertising only the franchise name without including the firm name. (Legal Information Institute)

  • Presenting a team as though it is a separate firm. (Legal Information Institute)

  • Linking to or promoting an unlicensed entity claiming to perform real estate services. (Legal Information Institute)

6. Internet / Website Advertising

• On each page of a website, the firm name and firm telephone number (as filed with TREC) must be conspicuously displayed. (Legal Information Institute)

• If a page displays listings from an outside database (e.g. MLS or a third-party aggregator), there must be a disclosure stating that some or all of the listings may not belong to that firm. (Legal Information Institute)

• The information in “first-generation” advertising (i.e. what the licensee or firm controls) must remain current and accurate. (Legal Information Institute)

7. Social Media Advertising

• The firm name and firm telephone number must be no more than one click away from the social media advertisement or page. (Legal Information Institute)

• The same accuracy and supervision standards apply to “first-generation” social media ads. (Legal Information Institute)

8. Offers, Guarantees, Claims, Gifts & Prizes

• Any advertisement that includes an offer, guarantee, prize, or inducement must:

  1. Be in writing, and

  2. Clearly disclose all essential terms (e.g. limitations, conditions) on the face of the ad. (Legal Information Institute)

• Gifts, prizes, or other valuable consideration offered in connection with real estate must be:

  • Sponsored or approved by the firm with which the licensee is affiliated, and

  • In writing and signed by the licensee, disclosing fair market value, time/place of delivery, and any conditions. (Tennessee State Government)

9. Penalties & Disciplinary Action

• Violations of the advertising rule may lead to disciplinary action by TREC, which may include fines (civil penalties) or suspension of license. (Tennessee State Government)

• The rule also references civil penalty schedules for violations of rules or statutes under TREC’s purview. (Tennessee State Government)