It’s been about four months since the latest updates to the Virginia Real Estate Board regulations dropped. Hopefully, in that time you’ve become well-versed in all of the changes (if not, may we suggest a visit to our resource page?). However, there is one change about which we still receive some questions, and that relates to electronic media advertising. 

Previously, the regs required that for any electronic media advertising (such as a website or a social media post), all required disclosures had to either be present on the post itself or no more than one click away. For example, you could post an ad on Instagram that did not have the required disclosures IF the user could click on your profile name and immediately see those disclosures.  

The new regs have changed the way that advertising disclosures are handled. First, there is no longer a distinction between electronic and print advertising. All advertising, from a For Sale sign to a TikTok video, must contain the same disclosures of the firm name and office contact information. Office contact information can be chosen by the broker, but it must be at least one of: 1) telephone number, 2) email address, or 3) web address of the firm or branch office. 

That means that all of your ads, no matter what platform, must include these disclosures on the ad itself. In text-heavy mediums that shouldn’t be a problem, but for image-specific advertising you might want to think about adding those required disclosures as watermarks on your pictures or videos. That’s a good way to ensure that you’re always in compliance. However, if you use a platform that does not allow watermarked images, then you might consider just putting the disclosures in the text of your post. 

We also want to remind you that these state regulations are just the legal baseline for what you must include. If your broker has additional requirements above and beyond these, you must follow those requirements as well. You can also include your own direct contact info if you want (and if your broker allows it). If you have any questions on advertising or any other real estate-related legal matter, make sure to submit your ticket to us on the Legal Hotline.