The controlling distinctions
What to remember when the answer choices are close.
A property advertisement placed by a salesperson must concern property listed with or represented by the broker with whom the salesperson is associated, and the broker must approve the placement.
Advertisements identify the broker or brokerage and include the address or telephone information required by the regulation. If a salesperson, associate broker, or team is named, the brokerage must also appear.
Property descriptions must be honest and accurate. Misleading area names and guarantees of future real estate profits are prohibited.
Websites, initial emails, business cards, signs, teams, and advertisements for another broker's exclusive listing have format-specific rules. Fair-housing law applies to the wording, images, audience, availability claims, and follow-up.
A decision path
Work through the rule in this order.
- 1
Confirm authority
Verify the owner or listing authorization and the supervising broker's approval before publishing.
- 2
Identify the brokerage
Make the responsible broker or brokerage clear and add the contact and license information required for the format.
- 3
Test every claim
Check the property description, location, status, images, price, and any performance statement for accuracy.
- 4
Run the fair-housing check
Review words, targeting, images, availability responses, and screening messages for discriminatory preferences or unequal service.
Worked scenario
A salesperson posts a listing on a personal account
A salesperson uses a personal social profile to promote a property but leaves out the brokerage because the profile already shows the salesperson's name.
Best response
Treat the post as real estate advertising. It needs the broker's approval and the brokerage identification required by section 175.25.
Why
A personal account does not remove the rule when the content promotes licensed real estate activity.
Exam lens
Words in the facts that should slow you down.
Common exam mistake
Assuming that only paid ads or printed flyers are regulated. The definition reaches promotion and solicitation across digital and physical channels when it relates to licensed activity.
Questions students ask
Short answers before you move on.
Does section 175.25 apply to social media?
Yes when the post promotes or solicits licensed real estate activity. The regulation's definition is broad and includes digital advertising, even though a personal post unrelated to promoting licensed activity is not treated the same way.
Can a salesperson advertise without naming the brokerage?
Generally no. If the salesperson or team is named, the broker or brokerage must also be identified as the regulation requires.
Can a New York real estate ad guarantee future profits?
No. Section 175.25 prohibits advertisements from guaranteeing future profits from real estate activity.
Continue with the full subject lesson.
The subject hub adds definitions, scenarios, forms, misconceptions, worked examples, practice, and source context.
This guide supports exam preparation and general education. It does not decide duties in a specific transaction and is not legal advice.