KAR 11:105 Advertising- Display of Content Required

(1) The content required by Section 2(2) of this administrative regulation shall be displayed in written text. The content shall:
(a) Be clear and visible to a typical observer of the advertisement; and
(b) Not be false, misleading, or deceptive.

(2)(a) The content permitted by Section 2(3) of this administrative regulation shall not appear larger than the content required by Section 2(2) of this administrative regulation.

(b) The requirements of paragraph (a) of this subsection shall not apply to the following promotional materials that advertise a licensee:
1)Hats;
2)Pens;
3)Notepads;
4)Apparel;
5)Name tags; and
6)The sponsorship of charitable and community events.


(c) The commission shall waive the requirements of paragraph (a) of this subsection for specific promotional materials not stated in paragraph (b) of this subsection upon finding the proposed promotional material would not constitute false, misleading, or deceptive advertising.

(3)(a)1. For purposes of real estate company or licensee advertisement via internet, social media, or other digital or online forms of advertisement, every individual viewable page or post shall constitute a separate advertisement; and

Each advertisement shall contain the content required by Section 2(2) of this administrative regulation in the page or post header, or visible on the page or post without the observer scrolling or otherwise navigating the page or post to view the content required; or

(b) If a page or post cannot reasonably comply with Section 2(2) of this administrative regulation, the advertisement shall include a clickable direct link, that is clear, visible, and identifiable as a link, to a page, post, or user account profile that contains the content required displayed in accordance with paragraph (a)2. of this subsection.

(4) Advertisements that include an audiovisual presentation shall include an audible announcement or written display of the content required by Section 2(2) of this administrative regulation at the beginning of the advertisement.

(5) Any internet, social media, and other digital or online form of advertising that was true and accurate at the time it was made shall not be in violation.

(6) A logo that does not contain written text of the content required by Section 2(2) of this administrative regulation shall not constitute a substitute for the content required.

(7) If the licensee’s principal business location is outside Kentucky, the advertisement shall:
(a) Indicate that the licensee holds a Kentucky license to broker real estate; and
(b) Include the regulatory jurisdiction of the licensee’s principal business location

(8) The requirements established by this administrative regulation shall not apply to logos, brands, or directional and open house signs if the logo, brand, directional, and open house signs do not contain the name of a sales associate.

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