Representation, solicitation, promotion and advertising

Real estate advertising is a key tool for informing the public and promoting the services offered.

It must be carried out in a compliant, clear, and transparent manner to avoid any confusion and to comply with regulatory requirements.

1.1 – General principles

To promote residential and commercial real estate brokerage services, every natural or legal person must hold a valid brokerage licence issued by the OACIQ. 

Any changes to the licence may require adjustments to the ads being published, particularly in the event of: 

• A change of name
• An addition or removal of an area of practice
• An addition or removal of a business corporation
• A modification to the mode of practice
• A real estate agency change  

A real estate broker who conducts leasing brokerage transactions is subject to the obligations of the Real Estate Brokerage Act and its regulations and must carry out these activities as a real estate broker only. 

Encourage real estate brokers to think carefully before creating an ad

1. My advertising: 

   • Does it comply with current rules: solicitation, laws, regulations, and language?

   • Does it contain the mandatory statements?

   • Is it professional and in good taste?

   • Have I received my agency executive officer’s approval?
   • Do I have a valid brokerage contract?
   • Are the messages verifiable and not misleading?
2. Team advertising:
   • Does the advertising create confusion as to the name of the team and the real estate brokers, or the name of the real estate agency?

1.2 – Obligation to hold a valid real estate brokerage licence

When a real estate brokerage licence is suspended or revoked, the natural or legal person concerned may no longer engage in real estate brokerage activities.

1.3 – Obligation to have a brokerage contract in effect

A real estate broker or agency wishing to advertise a property must hold a brokerage contract in effect for the property concerned.

When the brokerage contract is terminated or expired, any representations or advertisements relating to the property must cease.

From that point on, any sign, description sheet, or other form of advertising for this property must be removed immediately.

Section 17 of the Regulation respecting broker’s and agency licences

Section 111 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising