Section 1450.145  Internet Advertising

a)         Definitions.  For the purposes of this Section, these terms shall be defined as follows:

1)         Advertising or marketing real property:  An Internet site which consists of information regarding properties which have been listed with a real estate brokerage company, the identity of that real estate brokerage company or licensee for each property and information related to those properties.

2)         Advertising or marketing of real estate brokerage services:  An Internet site which includes an offer or solicitation to provide services related to marketing or identifying real property for sale or lease.

3)         Page:  Each html document.  This can include several screens of information that are viewed by scrolling down to the end of the document.

4)         Frame:  This refers to that portion of the Web page that does not change when the user links to a different site or moves to different pages.

5)         Scraping:  This term refers to using or altering existing listing information or keywords that are copied from one Internet site and posted or displayed for the benefit of the general public in front of a firewall at another site without written or electronic authorization and disclosure of ownership.

b)         A sponsoring broker that has authorized advertising or marketing real property must include on the page on which the company or firm's advertisement or marketing appears the following data:

1)         the city or geographic area in which the property being advertised or marketed is located;

2)         the company's name as registered with the Division or the assumed name it has registered with the Division (commonly recognized abbreviations are permitted);

3)         if the sponsoring broker does not hold a real estate brokerage license for the jurisdiction in which the property is located, the regulatory jurisdictions in which the sponsoring broker does hold a real estate brokerage license; and

4)         if this information is contained on the frame on the sponsoring broker's site, it does not have to be included on every page of the site.

c)         Sponsoring Broker's HomePage

1)         A sponsoring broker advertising or marketing real estate brokerage services must include on the company's home page or on a clearly identified link appearing on that page the following data:

A)        the company or firm's name as registered with the Division or the assumed name as it has registered with the Division (commonly recognized abbreviations are permitted); and

B)        the city and state in which the company's principal office is located.

2)         If this information is contained on the frame on the sponsoring broker's site, it does not have to be included on every page of the site.

d)         Any licensee who has authorized advertising or marketing real property must include on the page of the site on which the licensee's advertisement or information appears the following data:

1)         the licensee's name;

2)         the city or geographic area in which the property being advertised or marketed is located;

3)         the name of the company with which the licensee is affiliated as that company name is registered with the Division or the assumed name it has registered with the Division (commonly recognized abbreviations are permitted);

4)         if the licensee does not hold a real estate broker or salesperson license for the jurisdiction in which the property is located, the regulatory jurisdictions in which the licensee does hold a real estate broker or salesperson license; and

5)         if this information is contained on the frame on the licensee's site, it does not have to be included on every page of the site.

e)         Licensee's HomePage

1)         A licensee advertising or marketing real estate brokerage services must include on his or her home page the following data:

A)        the licensee's name;

B)        the name of the company with which the licensee is affiliated as that company name is registered with the Division or the assumed name it has registered with the Division (commonly recognized abbreviations are permitted); and

C)        the city and state in which the licensee's office is located.

2)         If this information is contained on the frame on the licensee's site, it does not have to be included on every page of the site.

f)          Sponsoring Broker − E-commerce or Electronic Communications

1)         A sponsoring broker using e-commerce or electronic communications, such as e-mail, e-mail discussion groups and bulletin boards for marketing or transactional purposes, must include on the first or last page of all communications the following data:

A)        the company or firm's name as registered with the Division or the assumed name it has registered with the Division (commonly recognized abbreviations are permitted); and

B)        the city and state in which the sponsoring broker's main office or the office from which the communication originated is located.

2)         This subsection (f) shall not apply to communications between a sponsoring broker and a member of the public provided that the member of the public has sent a communication to the licensed company and that the sponsoring broker's initial communication contained the information required in this subsection (f).

g)         License − E-commerce or Electronic Communication

1)         Any licensee using e-commerce or electronic communications, such as e-mail, e-mail discussion groups, and bulletin boards, for marketing or transactional purposes, must include on the first or last page of all communications the following data:

A)        the licensee's name;

B)        the name of the company with which the licensee is affiliated as that company name is registered with the Division (commonly recognized abbreviations are permitted); and

C)        the city and state in which the licensee's office is located.

2)         This subsection (g) shall not apply to communications between a licensee and a member of the public provided that the member of the public has sent a communication to the licensee and that the licensee's initial communication contained the information required in this subsection (g).

h)         It will be considered to be a violation of the Act and this Part if a licensee or sponsoring broker scrapes, as defined in this Section, listing information from another site.  Listing information obtained from another Internet site and placed behind a firewall or other device which is password protected or requires registration by the consumer in order to access that information need not identify the original listing broker.

i)          A sponsoring broker or licensee may link to listing information from another Internet site without approval unless the owner of the site linked to specifically requires consent.  Any link must be done in a way that does not mislead or deceive the public as to the ownership of any listing information.

j)          All licensees, including sponsoring brokers, shall periodically review the advertising and marketing information on their site and update as necessary to assure that the information is current and not misleading.

(Source:  Amended at 30 Ill. Reg. 11075, effective June 8, 2006)