I see more seller’s agents using social media to advertise their home listings these days, but I think digital marketing is underutilized in Hawaii as a means to promote not only individual properties, but also an agent’s specialties and differentiators.
There are strict rules on real estate advertising in Hawaii, however, and they can be found in Hawaii Administrative Rules, §16-99-11. You can find a copy of the HAR document on the Department of Commerce and Consumer Affairs Real Estate Branch website at https://cca.hawaii.gov/reb/
On this site you’ll also find the latest news from the Hawaii Real Estate Commission – for instance, as of July 2, 2019, a high school diploma or its equivalent is a new requirement for getting a real estate license as a salesperson or broker in Hawaii. (Top article in the August 2019 Real Estate Commission Bulletin)
Here is a selection of current advertising rules, which apply to all types of promotions, from newspaper ads to social media posts:
- Must include the legal name of the brokerage firm, as registered with the commission. You can use abbreviations for “Incorporated,” “Corporation,” “Limited,” “General Partnership,” “Limited Partnership,” “Limited Liability Company,” or “Limited Liability Partnership.”
- Use “dba” in conjunction with the licensed name and a trade name.
- If the licensee includes their name, it must be their legal name as registered with the commission. They also must specify whether they are a broker (B), or salesperson (S), or if a current member of the Hawaii Association of Realtors, Realtor (R) or Realtor Associate (RA).
Before you even begin to think of advertising, however, there also is a section under Conduct (§16-99-3) that requires you to get written authorization from the owner – again, this would include social media promotions.
(i) The brokerage firm shall not submit or advertise property without written authorization, and in any offering the price quoted shall not be other than that agreed upon with the owner as the offering price.
New proposed rule changes to the advertising section are outlined in the August 2019 Real Estate Commission Bulletin. The rules are undergoing an 18-step process to final approval by the governor, and public comment is included in the process, according to the bulletin.
Here are selected proposed changes:
- Legal name of brokerage must be prominently and conspicuously included.
- License number of brokerage must be included, unless the licensee’s name is mentioned (see next bullet point).
- If licensee’s name is mentioned, licensee’s license number issued by the commission must be included.
- Solicitation materials are defined as electronic or print materials soliciting the creation of a professional relationship between the licensee and a consumer, or which incentivizes, induces, or entices a consumer to contact the licensee about a product or service for which a real estate license is required.
- Solicitation materials shall include the brokerage’s license number, unless the licensee’s name and license number are already included. License numbers for the brokerage or licensee are not required for office signage or promotional materials of nominal value including but not limited to hats, clothing, pins, pens, memo pads, and name badges.
- Ads and promotions that include a team name should prominently and conspicuously include the legal or license name of the brokerage, as well as the brokerage’s license number. Team names and logos should not be larger than the brokerage name and logo.
- If an ad or promotion includes a team name and the name of a licensee, the licensee’s license number must also be included.
- Brokerages are prohibited from using the names or contact information of any unlicensed person – including employees and contractors – in any advertising or promotional material.
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