Before You Hit “Share”: Understanding Real Estate Advertising Rules
Social media has made it easier than ever to market properties, build your brand, and connect with potential clients. With just a few clicks, a listing can be shared across Facebook, Instagram, LinkedIn, and other platforms.
But before you hit “share,” REALTORS® need to remember that real estate advertising is regulated—and compliance matters.
The MLS provides powerful tools for sharing listing information, but those tools do not replace the responsibility each licensee has to follow Michigan advertising laws and MLS rules.
The Brokerage Must Be the Star
One of the most common advertising issues we see is REALTORS® unintentionally minimizing or omitting the brokerage information required by Michigan law.
Under Michigan’s Occupational Code, all real estate advertising must include:
- The licensed name of the employing broker
- The employing broker’s telephone number or street address
A broker logo or franchise name alone is not sufficient unless that name is properly registered as an assumed name with the Department of Licensing and Regulatory Affairs (LARA).
Additionally, since January 1, 2018, the brokerage name must be displayed at least as prominently as the individual licensee or team name.
A simple rule of thumb: the broker should be the star of the show.
When creating advertisements, make sure the brokerage information is clear, visible, and not minimized compared to an agent or team name.
Social Media Is Advertising
One of the biggest misconceptions today is that social media posts are somehow different from traditional advertising.
They are not.
If you are promoting a property for sale or soliciting real estate business through social media, those posts are considered advertising and must comply with Michigan requirements.
This applies to platforms such as:
- YouTube
- TikTok
- Personal websites
- Digital advertisements
The format may have changed, but the rules have not.
Branding vs. Advertising
Not every mention of your business requires the same disclosures.
LARA distinguishes between brand awareness and advertising an opportunity to buy, sell, exchange, rent, lease, or mortgage real property.
Examples:
Generally considered advertising:
- A yard sign
- A property flyer
- A social media post promoting a listing
- A digital ad for your real estate services
Generally considered branding:
- Company apparel
- Promotional giveaways
- Building signage
The key question is: Are you promoting a real estate transaction or simply promoting your brand?
Here’s a graphic for guidance from Michigan REALTORS:
You May Need Permission Before Sharing Another Broker’s Listing
Another common misunderstanding involves sharing another agent’s listing.
MLS participation does not automatically mean every REALTOR® has permission to publicly advertise every listing they can see.
Under MLS rules, participants and subscribers may share MLS listings with their clients and customers while providing real estate services. However, publicly advertising another broker’s listing requires prior written or electronic permission from the listing broker or agent.
Why does this matter?
The listing broker has a relationship with the seller, and the seller has the right to have a say in how their property information is marketed and shared.
Before posting another broker’s listing publicly, obtain permission and make sure the advertisement complies with all applicable MLS and state requirements. If permission is granted, the social media post must include this specific verbiage:
Upon authorization, suggested phrasing is: “Listed by LISTING AGENT NAME with BROKERAGE COMPANY, 888-888-8888.”
Compliance Protects Everyone
Real estate advertising rules exist to protect consumers, sellers, brokers, and the integrity of the profession.
As marketing continues to evolve, it is important that REALTORS® take a moment before posting to ask:
✅ Is my brokerage information clearly displayed?
✅ Am I following Michigan advertising requirements?
✅ Do I have permission to publicly advertise this listing?
✅ Does my marketing accurately represent the property and the professionals involved?
The easiest way to avoid an advertising issue is to build compliance into your process from the beginning.
Before you post, pause—and make sure your advertising is working for you, your broker, your seller, and the profession as a whole.
