Representation, solicitation, promotion and advertising
8 Real estate agency’s and executive officer’s obligation to supervise
The real estate agency and its executive officer play a central role in overseeing solicitation, promotion, and advertising practices.
General principle of supervision
A real estate agency and its executive officer are responsible for the discipline of real estate brokers who represent them and for ensuring that they comply with the regulations.
This includes:
- Compliance of representations
- Solicitation activities
- Promotional practices
- Ads made by the real estate agency and its brokers
KEY POINT
Overseeing advertising practices is not solely the responsibility of real estate brokers; it is an active responsibility of the real estate agency and its executive officer.
Assessing advertising supervision practices ↓
Obligations of the real estate agency and its executive officer
The real estate agency and its executive officer must oversee and monitor the advertising practices of their real estate brokers to ensure compliance.
1Establish a framework
To this end, they develop and implement policies and procedures governing representation, solicitation, promotion, and advertising.
2 Monitoring and control
Perform regular checks, for example:
- Real estate brokers' social media
- Real estate brokers' websites
- Various other publications (newspapers, etc.)
Controls may be:
- Random
- Based on the level of risk
3Expected content of policies and procedures
- Concrete examples clearly illustrating what is permitted and what is prohibited
- A validation process, particularly for the following types of advertising:
Promotional advertising
Contests, draws, remuneration reductions and other benefits
This ad must specify:
- Who is offering the promotion: the real estate agency or the real estate broker
- The applicable conditions and their availability
- The duration or deadlines to take advantage of it or to participate
- If a license from the Régie des alcools, des courses et des jeux is required
Comparative advertising and performance advertising
Whether it is from a banner, a real esate agency, or a real estate broker
- The information used must be accurate and verifiable
- Its source must be indicated
POINT OF CAUTION
The absence of clear policies or oversight mechanisms can lead to non-compliance, even when real estate brokers are acting in good faith.
Assessing advertising supervision practices ↓
Validation process
Have I established an internal validation process prior to the dissemination of any advertising by real estate brokers to determine which advertisements may be non-compliant?
Internal oversight
Have I provided real estate brokers with an internal policy to manage their own advertising, representations, and promotions, thereby saving time?
Organization
Have I disclosed the name of the person(s) responsible for supervising, approving, and archiving advertisements to assist me in this role?
Professional image
Does the advertising reflect the real estate agency's image and values? Am I comfortable with this advertisement being associated with our profession?
Consistency of messages
Is the message consistent across all channels used–signs, website, social media, etc.?
Risk management
Is there a risk of controversy, or does the advertising create false expectations among clients due to the tone or content?
Advertising mode
Does the proposed advertising mode comply with current regulations, e.g., Law regarding roadside advertising, rules on contests and draws)?
Regulatory content
Does the proposed ad comply with current regulations, e.g., Real Estate Brokerage Act, Charter of the French Language, etc.?
- Reference number
- 264699
- Last update
- October 31, 2022