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Guideline

Representation, solicitation, promotion and advertising

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Table of contents
11 minutes

6 Advertising

Advertising a property relies on the use of several tools and dissemination channels. Their use must be regulated to ensure that the information disseminated is accurate, clear, and truthful, while complying with the applicable real estate brokerage requirements.

6.1 – Prerequisites

When representing a seller, the real estate broker is required to promote the seller’s interests, 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
  • Internet
  • Social media 

Before the brokerage contract is signed and the listing on the information listing service is completed, it is prohibited to publish messages such as the following on social media:

  • Coming soon!

  • Coming to market soon!

  • Under evaluation

     

     

KEY POINT

Before posting an ad:

  • The real estate broker or agency must ensure that the brokerage contract will be in force for the entire advertising period.
  • The real estate broker 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.

Section 15, 44, 62 et 111 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 It must contain accurate and verified information and reflect the reality of the property.

The description sheet is a constantly evolving document. Elle peut aussi indiquer tout autre renseignement qui respecte la Loi sur le courtage immobilier et ses règlements.

Description sheet — Mandatory statements1

Mandatory statements Details to include
Declarations by the seller of the immovable The existence of declarations by the owner and the availability of substantiating documents.
Legal warranty A mention that the propertyis being sold with no legal warranty,if applicable.
Identification of the licensee Le name of the real estate broker or l’agency immobilière under the brokerage contract, followed by thelicence held,displayed prominently in type of the same colour at least the size of the other information.
Interest in the immovable If applicable, a mention that the real estate broker or agency has a direct or indirect interestin the property and fattach the notice of disclosure.2
Nature of the document When the contract concerns the sale of a property: a mention that the description sheet is not an offer or a promise binding the seller, but but an invitation to submit such offers or promises
Required information Unless the owner gives written instructions to the contrary regarding his identity: the information required to complete a transaction proposal.

1Section 118 et 2Section 18 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising

6.2.2 – Information listing services

The real estate broker must inform the seller of his right to use an information listing service, and the consequences if he chooses not to use it. The seller confirms this choice when signing the brokerage contract.

Situation What the real estate broker must do:
The seller accepts to list his property to an information listing service List the property as soon as it goes on the market.1
The seller refuses to list his property to an information listing service

Inform the seller that a refusal will result in reduced visibility, which may decrease the number of potential buyers.

Document the warnings issued in the file.

Allow other brokers to show the property to their buying clients.

No visit can be refused on the grounds that the property is not advertised on an information listing service.
The seller changes his mind during the brokerage contract and wishes to list his property to an information listing service Complete an Amendments form to record the requested change and have it signed by the seller.

1 Section 44 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising

6.2.3 – Social media

Expected behaviour

In exercising their professional judgment, real estate brokers must, before posting or commenting:

  • Ask themselves if their posts are relevant and if they would make such comments publicly
  • Express themselves with moderation, courtesy, and objectivity
  • Separate the professional content from the personal content 

     

KEY POINT

Real estate brokers must protect the image and dignity of the profession, even in their personal lives.

Section 62 and 63 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising

6.2.4 – Advertising a listing

Any listing posted on the Internet or social media must be: 

  • Clear and 
  • Not confusing as to the identity of the listing real estate broker

     

If a real estate broker shares a listing that is not his own he must:

  • Clearly identify the seller's real estate broker 
  • Not lead others to believe that it is his own listing 

     

Section 112 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising

RECOMMENDED PRACTICE 

Share the link to the description sheet on the information listing service’s website.

PROHIBITED PRACTICE

A real estate broker may not promote a listing that is not their own—whether through an announcement or an ad—without first obtaining permission from the seller’s broker.

6.2.5 – Signs

The sign must be placed after listing the property with the information listing service if the seller chooses to do so.

Before placing a sign, the real estate broker or agency must verify the applicable regulations, including:

  • Municipal by-laws
  • Co-ownership rules
  • The Law regarding roadside advertising 

     

6.3 – Advertising that is false, misleading, incomplete, or confusing

Any advertising, solicitation, or representation disseminated by a real estate broker, agency, or network of agencies must be:

  • Compliant
  • Truthful
  • verifiable
  • Complete
  • Clear and understandable

The information provided must not be false, misleading, or incomplete, particularly with regard to:

  • The competence of a real estate broker
  • The scope or effectiveness of the services provided
  • The costs of a loan secured by an immovable mortgage
  • The selling price of a property, which must be the price set in the brokerage contract or transaction proposal

Section 112 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.

6.3.1 – Using artificial intelligence and other technological tools in advertising

Real estate brokers who use technological tools or artificial intelligence (AI) to generate or disseminate advertisements must ensure that the information provided remains: 

  • Consistent
  • Truthful
  • Verifiable
  • Complete
  • Clear and understandable

When an image is generated by artificial intelligence and used in an advertisement, real estate brokers must inform the public to avoid any confusion regarding the reality represented.

To help agency executive officers and real estate brokers, the OACIQ provided them with a guide containing current best practices. 

 Consulter le guide →

MINIMUM REQUIREMENT

 Advertisements must include a clear and visible statement, such as: “Image generated by artificial intelligence.”

The purpose of this statement is to avoid any confusion or misinterpretation of the reality represented. For example, it applies when AI is used to:

  • Change the appearance of a property without touching the structure or making substantial changes (e.g., adding furniture, artificially creating a seasonal atmosphere, or adjusting the lighting)

  • Carry out virtual staging or visual transformations

  • Generate images that could alter the original version

  • Illustrate a real estate project to be built or an off-plan sale

  • Etc.

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Role and responsibility

Real estate brokers remain responsible for the accuracy and truthfulness of advertisements, even when the ads are produced by AI or any other technological tool. They must exercise professional judgment and supervise all generated content before publication.

In particular, AI can be used to draft description sheets, conduct a property evaluation, or generate promotional content.

IMPORTANT : Images that fundamentally alter the actual appearance of a property violate the regulations and laws in force.

USING OLD PHOTOS

Before using existing photos, real estate brokers must:

  • Check who holds the copyright¹
  • Comply with the terms of use, both for the publication and modification of images

     

1 Copy right act: sections 2, 3 and 28.

GOOD TO KNOW

The professional liability insurance (FARCIQ) excludes claims related to copyright infringement from coverage.

KEY POINT

In exercising their professional judgment, real estate brokers must: 

  • Validate all content before publication
  • Review all AI-generated content and act when necessary
  • Disclose any changes resulting from AI
  • Never use AI to hide defects, alter the structure, or misrepresent a property
  • Check the regulations of property listing platforms
  • Keep on record any relevant information that explains or justifies the use of AI (e.g., original versions of photos, human intervention and validation, context of use) so that the public can be informed and the original photos can be made available upon request
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REAL-LIFE CASES

NON-COMPLIANT advertising

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Why is this ad problematic?

  • It alters the reality of the property being presented and can mislead buyers.
  • It creates unrealistic expectations regarding the property’s features.
  • It undermines transparency and public trust in real estate brokers.
  • It can lead to purchasing decisions based on inaccurate information.

GOOD TO KNOW

Any use of AI involving the processing of personal information must comply with applicable privacy and consent laws.

6.4 – Advertising real estate brokerage services

No real estate broker or person promoting real estate brokerage services may make or allow1 any representation or advertising that:

  • Suggests that the real estate broker or person is authorized to engage in a real estate brokerage transaction2 without being authorized 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 that could be confusing
    Includes a statistic for which no source is given
  • Contains a photograph of the real estate broker taken more than 5 years earlier

1 Section 113 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising

2 Section 3.1 of the Real Estate Brokerage Act

6.5 – Team advertising

Within a real estate agency, real estate brokers can:

  • Get together and form a team

  • Advertise themselves as a team

KEY POINT

In any advertising or representation: 

  • The real estate agency's name must be more visible than the team's name.
  • Individuals who do not hold a valid real estate brokerage licence must be identified by their administrative function. 

     

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CAS CONCRETS

COMPLIANT advertising

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Agency’s name is more predominant than the team’s name.

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Minimum mandatory statements required are clearly identified.

NON-COMPLIANT advertising

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Team’s name more predominant than agency’s name.

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Individuals are not identified by the category of licence they hold or their administrative function.

COMPLIANT advertising

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Agency’s name is more predominant than the team’s name.

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Persons who do not hold a valid real estate brokerage licence must be identified by their administrative function.

Reference number
264697
Last update
December 11, 2024