Many REALTORS® create and distribute newsletters or postcards to prospects within a certain geographic area.
Many of these communications include recently “sold” properties within a certain subdivision or area code. REALTORS® need to ensure that this advertising presents a true picture.
If a REALTOR® is not the listing broker or selling broker for the properties listed as “sold,” certain disclosures may need to be made. Such disclosures may include: the period of time during which the transactions closed; the information was taken from MLS sold data; and, a clear indication that the properties on the list were listed and sold by various participants in the MLS.
If the recently sold properties are simply listed, a reasonable reader could conclude the REALTOR® listed and/or sold all the properties, creating less than a true picture.
Also, if photos of the property are included, REALTORS® should make sure they have the required permission to use the photos.
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