6. Advertising
6.1 Prerequisites
6.2 Advertising tools
6.2.1 Description sheet
6.2.2 Information listing services
6.3 Advertising that is false, misleading, incomplete, or confusing or that leaves out a material fact or prohibited practices
6.1 Prerequisites
When representing a selling client, the licensee has an obligation to promote the interests1 of his selling client, including by providing the best visibility for his property.
A brokerage contract must absolutely be signed before advertising the sale of a property, whether on an information listing service, on the Internet or on social networks.2
It is important to note that publications on social networks such as “Coming soon!” or “Coming to market soon!” are prohibited when they appear before the brokerage contract is signed and the listing on the information listing service is completed, if applicable;
Ultimately, before posting an ad, the licensee must ensure that the ad is in good taste so that he does not commit any act derogatory to the honour and dignity of the profession.3
IMPORTANT: Before reserving advertising space, an agency or broker must make sure that the brokerage contract will be in force for the entire advertising period.
1 Section 15 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.
6.2 Advertising tools
6.2.1 Description sheet
The description sheet or a similar document is a means of promoting the property, hence the importance of providing accurate and verified information. The description sheet is a constantly evolving document. It must reflect the reality of the property and contain, where appropriate, the mandatory statements set out in the regulations4:
1° the existence of declarations by the owner of the immovable for sale or lease and the availability of substantiating documents;
2° that the immovable is being sold with no legal warranty;
3° the name of the broker or agency under the brokerage contract and the licence held, displayed prominently in type of the same colour at least the size of the other information appearing in the document or property description;
4° that the holder under the brokerage contract has a direct or indirect interest in the immovable and that the notice of disclosure is attached to the description sheet5;
5° if the brokerage contract is for the sale of the immovable, that the document or property description is not an offer or a promise that may bind the seller, but is an invitation to submit such offers or promises; and
6° unless the owner of the immovable gives written instructions regarding non-disclosure of the owner’s identity, information on the subject of the brokerage contract or the parties to it that is necessary to complete a transaction proposal.
The description sheet or document may also contain other information that conforms to the Real Estate Brokerage Act and its regulations.
4 Section 118 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.
5 Section 18 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.
6.2.2 Information listing services
The licensee must inform the seller of his right to use an information listing service, such as Centris and of the consequences of waiving it (clause 6.1 of the brokerage contract to sell [exclusive or non-exclusive]);
If a represented party wishes to use an information listing service in connection with an immovable, the licensee must list the immovable with that service when the marketing of the immovable or performance of the real estate brokerage contract begins, unless written instructions to the contrary are given by the party represented.6
The seller confirms this wish when signing the brokerage contract. He may also waive his right to use an information listing service, but he must be informed that his property will be less visible and could be viewed by fewer buyers.
Once informed, if the client decides not to use an information listing service, the broker must properly document the warnings he has given on file. If the seller changes his mind during the course of the contract and decides that he does wish for his property to be listed on an information listing service after all, the broker must complete an Amendments form and have it signed by the seller.
The seller's broker must also allow other brokers to show the property to their buying clients. No visit should be refused on the grounds that the property is not advertised on an information listing service.
6.2.3 Social networks
Expected behaviour
Licensees must behave responsibly on social media using their judgment. Before writing posts or comments, they should always ask themselves if their posts are relevant and if they would make such comments publicly. They must therefore express themselves with moderation, courtesy and objectivity. In addition, they must separate the professional content from the personal content of their social media posts. Furthermore, whether licensees express themselves or act in a professional or personal context, they must always do so in a way that promotes and protects the image and dignity of the profession.
Advertising a listing
Advertising the sale of a property on the Internet or social media must not be confusing. Special attention must be paid to the identity of the listing broker.
Therefore, when a broker shares a listing that is not his, he must ensure that the listing broker is properly identified so as not to lead others to believe that it is his own listing. To do so, it is strongly recommended that you share the link to the property's listing sheet on the information listing service. Otherwise, the listing broker’s authorization must be obtained before advertising it.
6.2.4 Signs
The sign placed in front of a building must contain the minimum mandatory statements. In addition, it must be placed after listing the property on the information listing service if the client chooses to do so.
Signs are subject to specific laws and regulations. A real estate agency or broker must verify local regulations, co-ownership rules and the Law regarding roadside advertising before installing a sign. These verifications can be made with the appropriate authorities such as municipalities, co-ownership syndicates and the Ministry of Transport.
6.3 Advertising that is false, misleading, incomplete, or confusing or that leaves out a material fact or prohibited practices
When licensees, real estate agencies or agency networks engage in advertising, solicitation or representations, the information they disseminate must be consistent7, truthful, verifiable, complete, clear and understandable to the public.
They must not disseminate false, misleading or incomplete information, in particular with regard to:
- the competence of a licence holder;
- the extent or efficiency of the services provided or those generally provided by brokers and agencies;
- the costs of a loan secured by immovable hypothec; or
- the selling price of an immovable, which must be the price set in the brokerage contract or the transaction proposal.8
Moreover, no licence holder or person promoting real estate brokerage services may make, engage in or allow any representation or advertising that:
- suggests the licence holder or person is authorized to engage in a brokerage transaction described in section 1 of the Real Estate Brokerage Act when in fact he or she is not legally qualified to do so at the time of the representation or advertising;
- falsely suggests that he or she holds a specialist’s title;
- contains information or uses a formulation, name, trademark, slogan or logo likely to be confusing;
- contains a statistic for which no source is given; or
- contains a photograph of the licence holder taken more than 5 years earlier.9
