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SUBSTANTIVE POLICY STATEMENTS

No. 2007.18

Short_Title:_Real Estate Licensee Advertising

This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules made in accordance with the Arizona Administrative Procedure Act. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the agency under ARS 41-1033 for a review of the statement.

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Description_of Practice/Procedure:

To reduce unsubstantiated complaints and the backlog of investigations from such complaints regarding telephone and address requirements for advertising by a licensee, the following clarifies the Commissioner's Rules on advertising.

There is no statute or rule that states which telephone number (employing broker's or licensee's) or address must appear in an advertisement.

R4-28-502 (E) requires that the (legal or dba) name of the EMPLOYING BROKER (the corporation, partnership, limited liability company or sole proprietor) appears in all advertising in "a clear and prominent manner."

R4-28-502 also addresses other requirements for advertising not addressed in this Substantive Policy Statement.

Authority: A.R.S. § 32-2102 provides that the Department of Real Estate, under the direction of the Real Estate Commissioner, shall administer Title 32, Chapter 20. A.R.S. § 32-2153(A)(3) provides that violation of the Commissioner's Rules is subject to disciplinary action.

Policy_Program:_Regulation

Effective_Date:_Revised, effective 2-12-2007

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