Real Estate Teams Survey

Below is a review of the states and their laws regarding real estate teams, if any.

As a note of caution, it must be understood that this report does not constitute legal advice. This report is intended to provide general information, and should not be relied upon as legal guidance. Before acting, both the laws of the state and legal counsel should be consulted. Much of this research was performed in 2017, and so the research may no longer be current.

Alabama

No team-specific relevant statutes or regulations were located.

Alaska

No team-specific relevant statutes or regulations were located.

Arizona

No team-specific relevant statutes or regulations were located.

Arkansas

No team-specific relevant statutes or regulations were located; however, the Arkansas Real Estate Commission provides some guidance regarding teams.

Agency Relationships

An article on the Arkansas Real Estate Commission website notes that the agency relationship between a buyer or seller and a licensee team member is actually between the buyer or seller and the principal broker with whom the licensee is associated. Also, if a buyer or seller is represented by a team member, all team members represent the buyer or seller to the same degree.

Arkansas Real Estate Commission (undated; available October 2017)

California

Advertising

All team advertising and "solicitation materials," including for sale signage, must display the team name and the name and license number of at least one of the licensed members of the team in a conspicuous and prominent manner. The responsible broker's identity must be displayed as prominently and conspicuously as the team name in all advertising and solicitation materials. Advertising and solicitation materials may not contain terms that imply the existence of a real estate entity independent of the responsible broker.

Cal. Bus. & Prof. Code § 10159.6 (2017) ; California Real Estate Commission (2017)

Definition

"Team name" is defined as "a professional identity or brand name used by a salesperson, and one or more other real estate licensees, for the provision of real estate licensed services." Licensees may use a team name without obtaining a separate license for the team name. A team name does not constitute a fictitious business name as long as:

(A) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services;

(B) The name includes the last name of at least one of the licensee members of the team, group, or association in conjunction with the term "associates," "group," or "team"; and

(C) The name does not include any term or terms, such as "real estate broker," "real estate brokerage," "broker," or "brokerage" or any other term that would mislead the public to believe that the team is offering brokerage services or is an entity independent of the broker.

Cal.Bus. & Prof.Code § 10159.7 (2017); California Real Estate Commission (2017)

Colorado

Advertising

All team advertising must include the legal name or trade name of the brokerage firm. Team names may be used in advertising, but the name cannot use certain specific words or phrases "that would imply a separate entity from the brokerage firm with which the team brokers are licensed," including "realty," "real estate," "realtors," "company," "Corporation," "Corp.," "Inc.," "LLC," "LP or LLP," or similar terms. The team name may not be used by brokers who are not part of the team's brokerage firm. Upon request, the brokerage firm must provide the names of the brokers that belong to any team advertising as being licensed with the brokerage firm.

If the broker owns or controls a website, every viewable page must include the team name (if applicable) and the broker's brokerage firm name. Likewise, all broker communication and advertising through email, chat, instant messages, newsgroups, discussion lists, bulletin boards, blogs or other similar means must include the team name (if applicable) and the name of the broker's brokerage firm. If space is limited in electronic advertising (i.e. Twitter, Facebook, Youtube, banner advertisements, etc.) and it is not reasonable to disclose the team name, the broker information must be clear and conspicuous on the broker's webpage to which the advertising links, within the first click of the mouse.

4 Colo. Code Regs. § 725-1, E-8 (2017)

Agency Relationships

When a team member enters into an agreement, the designation and brokerage relationship created applies to all of the team members.

4 Colo. Code Regs. 725-1, E-38 (2017)

Connecticut

No team-specific relevant statutes or regulations were located.

Delaware

Several statutes mention real estate teams, but Delaware does not have any specific rules or laws governing teams. The rule regarding licensee advertising states that all advertising must include the name of the brokerage and that team names may be included in licensee advertising.

Del. Admin. Code tit. 24, § 8.5.5.3; see also Del. Admin. Code §§ 5.2-5.3, 3.4.1.5 (2017)

District of Columbia

No team-specific relevant statutes or regulations were located.

Florida

While no current statutes or regulations specifically govern real estate teams, the Florida Department of Business and Professional Regulation has recently held workshops regarding possible amendment of the advertising rules with respect to team advertising.

Georgia

No team-specific relevant statutes or regulations were located.

Hawaii

No team-specific relevant statutes or regulations were located.

Idaho

No team-specific relevant statutes or regulations were located; however, the Idaho Real Estate Commission provides some guidance regarding teams.

Advertising

All advertising and property listings must clearly and conspicuously contain the broker's licensed business name. The Idaho Real Estate Commission notes that a team name is not sufficient to satisfy the requirement that the listing or advertisement include the broker's licensed business name. The Real Estate Commission Guidance also states that a posting may not prominently display a team name while concealing the actual name of the brokerage, by means such as using a less prominent font or coloring.

Idaho Real Estate Commission, Guideline #13 (May 2017)

Illinois

Definition

Illinois defines a team as a group of sponsored licensees. Sponsored licensees and teams "may not operate under an assumed business name other than the assumed business name of their sponsoring broker."

Ill. Admin. Code, tit. 68, § 1450.120(c) (2017)

Indiana

No team-specific relevant statutes or regulations were located.

Iowa

No team-specific relevant statutes or regulations were located.

Kansas

Advertising

If authorized by the supervising or branch broker, a licensee may include a team name in advertising, as long as it is clear that the team name is not the supervising broker's trade name or business name ("cannot be construed as a supervising broker's trade name or business name"). All advertising by a licensee must be conducted under the direct supervision of the supervising broker or branch broker and must prominently and conspicuously include the name of the supervising broker's trade name or business name in a readable and identifiable manner.

Kan. Stat. Ann. § 58-3086 (2017) ; Kansas Real Estate Commission (Oct. 2017)

Kentucky

No team-specific relevant statutes or regulations were located.

Louisiana

Definition

A team is defined as "a collective name used by two or more real estate licensees, who represent themselves to the public as a part of one entity that performs real estate license activities under the supervision of the same sponsoring broker."

La. Admin. Code tit. 46:LXVII, § 1901 (2017)

Supervision

Teams must be sponsored by a broker and generally must conduct all business from the office where the team members' individual licenses are held. One member of the team must be designated as the contact person, who is responsible for all communications between the sponsoring broker and the team.

The sponsoring broker is responsible for all license activity of the team members, and must have a written policy to ensure that all licensees comply with team rules. The designated contact member of each team or group must maintain a current list of all team or group members, and this must be provided to the sponsoring broker upon team formation and immediately upon any changes to the team. The sponsoring broker must maintain a current record of all team names and their members.

La. Admin. Code tit. 46:LXVII, §§ 1801, 1903, 1907 (2017)

Advertising

The team name cannot use terms that could suggest to the public that the team is offering brokerage services independent from its sponsoring broker. Thus, a team name cannot use the phrases "real estate," "brokerage," "real estate brokerage," "realty," or "company." The team can use its name in advertising if the sponsoring broker provides written authorization. The term "team" or "group" may be used in advertising as long as the following conditions are met:

(A) the use of the term does not constitute the unlawful use of a trade name and is not deceptively similar to a name under which any other person or entity is lawfully doing business;

(B) the team or group is composed of more than one licensee;

(C) the advertising complies with all other applicable provisions of this Chapter and LAC 46:LXVII.Chapter 25 of the Louisiana rules and regulations.

Team advertising cannot name or refer to an unlicensed person. The advertising must contain the sponsoring broker's full name or trade name and telephone number.

La. Admin. Code tit. 46:LXVII, §§ 1905, 1909, 2501 (2017) ; Louisiana Real Estate Commission

Compensation

Team members may not receive compensation from other team members. La. Admin. Code tit. 46:LXVII, § 1805 (2017)

Team Disputes

The Louisiana Real Estate Commission will not become involved in team disputes, including disputes relating to financial obligations as between team members, branch managers, and/or sponsoring brokers.

La. Admin. Code tit. 46:LXVII, § 1911 (2017)

Maine

Advertising

A designated broker may authorize an advertisement that includes a team name, telephone number, slogan, logo type or photo as part of the brokerage services offered by the real estate brokerage. The affiliated team may not engage in real estate brokerage independent of its affiliated brokerage firm. Licensees may not directly or indirectly register a domain name for a web site, or develop or upload to the internet a web site that promotes real estate brokerage services or the sale or purchase of real estate through the brokerage agency with whom the licensee is affiliated without the consent of the designated broker.

02-039-410 Me. Code R. §§ 1, 4-A, 13 (2017)

Maryland

Definition

A real estate team is defined as two or more licensed real estate brokers or salespersons who:

(1) work together on a regular basis to provide real estate brokerage services;

(2) represent themselves to the public as being part of one entity; and

(3) designate themselves by a collective name such as team or group.

Md. Code Ann., Bus. Occ. & Prof. §§ 17‒543 (2017) ; Maryland Real Estate Commission

Supervision

A team of licensed real-estate salespersons and licensed associate real-estate brokers must designate a leader. The leader must be a licensed associate real estate broker or a licensed real estate salesperson with at least 3 years of experience in providing real estate brokerage services. The team leader must perform the following duties:

(1) maintain a current list of all members and employees of the team; and

(2) provide the list, including revisions, to the broker or branch office manager of the brokerage with which the licensees are affiliated.

The real estate broker or branch office manager must maintain copies of the list of team members and provide copies to the Commission on request.

The team leader must exercise reasonable and adequate supervision over the real estate brokerage activities of team members. The team leader and team members must comply with all office rules, practices, and procedures established by the real estate broker.

Team members must conduct all real estate brokerage activities from the office where their licenses are displayed. A licensed broker may not be a member of a team.

Md. Code Ann., Bus. Occ. & Prof. §§ 17‒543 to ‒548 (2017) ; Maryland Real Estate Commission

Advertising

A team name may not contain the terms "real estate," "real estate brokerage," or any other term that would lead the public to believe that the team is offering real estate brokerage services independent of the real estate broker. Team advertising must contain all of the following:

(1) the name of the brokerage displayed in a conspicuous manner;

(2) the name of at least one of the licensee members of the team; and

(3) the telephone number of the real estate broker or branch office manager of the real estate broker.

The team name in the advertisement must be "directly connected to the name of the brokerage."

Md. Code Ann., Bus. Occ. & Prof. §§ 17‒547 (2017) ; Maryland Real Estate Commission

Agency Relationships

Maryland permits a form of dual agency via "intracompany agents" who each represent one party to a real-estate transaction. If a broker's designee designates intracompany agents, the broker's designee may not be a member of the real estate team. The parties to the transaction using intracompany agents must be given written notice and must be advised that the team has a financial stake in the transaction. The team leader may not make this designation; only the broker may do so.

Md. Code Ann., Bus. Occ. & Prof. §§ 17‒546 (2017) ; Maryland Real Estate Commission

Agency-disclosure requirements apply when a licensee is acting on behalf of an employee of a team or group to which the licensee belongs.

Md. Code Regs. 09.11.02 (2017)

Massachusetts

No team-specific relevant statutes or regulations were located.

Michigan

Advertising

Any advertising that includes the name of an associate broker, salesperson, or group of associate brokers or salespersons must include the business name of the employing broker in equal or larger type size and the telephone number or address of the employing broker. A licensed broker may advertise property that he or she owns personally in his or her own name if the advertising indicates the seller is a licensee. A licensed salesperson shall not advertise property under his or her own name unless it is the salesperson's principal residence.

Mich. Comp. Laws § 339.2512e (2017) ; Michigan Real Estate Commission (2017)

Minnesota

Advertising

A team name may be included in licensee advertising only if the following conditions are met:

(1) the primary broker of the brokerage to which the licensee is licensed approves inclusion of the team name; and

(2) the name of the real estate brokerage is also included and is displayed more prominently than the team name in the advertising.

Minn. Stat. § 82.69 (2017)

Mississippi

Proposed regulations in Mississippi would regulate team activity.

Definition- Proposed Regulation

The proposed regulations would define a "Team or Group" as "a collective name used by two or more active real estate licensees who represent themselves to the public as being part of a single entity which is organized with the written approval of a principal broker to perform licensable real estate activity." In order to qualify as a real estate team or group, licensees must have an active license, must be working together, and each licensee must (a) work under the direct supervision of the same principal broker, (b) work together on real estate transactions to provide real estate brokerage services, (c) represent themselves to the public as being part of a team or group, (d) be designated by a specific team or group name, and (e) conduct all real estate activity from the primary office or branch office where their individual licenses are displayed.

Supervision- Proposed Regulation

Principal brokers would be required to register each team with the Mississippi Real Estate Commission. Registration forms provided by the Commission would require a list of all team names approved by the brokerage, the name of the team leaders, the names of the individual team members, and the names of any unlicensed employee(s) of the teams. Brokers would also need to maintain a working list of the dates on which team members were added to or deleted from a team. Modification to team membership would need to be filed with the Commission within ten (10) working days of the change.

All teams would be required to have a team leader who has a minimum of one (1) year of real estate experience and is a broker associate. The team leader would have supervisory responsibility over team members, and could be disciplined for violations of the Mississippi Real Estate Brokers Act by team members under their supervision.

Advertising - Proposed Regulation

A team name could be used in advertising with the written approval of the principal broker and team leader. The name of the team would need to located near the name of the brokerage firm with the same sized or smaller print as that of the brokerage. It would be the responsibility of the principal broker and team leader to confirm that the name of the principal broker or the brokerage firm and that the broker's telephone number is prominently displayed on all advertising. All individuals would need to be active licensees with the principal broker in order to have their name displayed in an advertisement. All advertising must fully comply with the guidelines established in MREC Administrative Rule 3.3.

Miss. Code R. § 30-1601:3.5 (proposed 2017)

Missouri

No team-specific relevant statutes or regulations were located; however, the Missouri Real Estate Commission provides some guidance regarding teams.

Registration

A brokerage company may allow teams to conduct business through the company. If the team is not an association, corporation, or partnership, the team name must be registered with the Missouri Secretary of State's office and the Missouri Real Estate Commission. If a team or group operates as an association, corporation, or partnership, the group is required to obtain a company license. If a licensed company also holds themselves out as a team, the "team name" would be considered a fictitious name.

Advertising

Team advertising must include the affiliate company information.

Missouri Real Estate Commission (July 2017)

Montana

No team-specific relevant statutes or regulations were located.

Nebraska

Definition

A team is defined as two or more persons who work under the supervision of the same broker, work together on real estate transactions, represent themselves as a team, and are designated by a team name.

Neb. Rev. Stat. §§ 81-885.01, 885.56 (2017)

Supervision

Real estate teams must provide a current list of team members to the supervising broker. The designated broker must maintain a record of all team leaders and team members. If a team leader's license is suspended or revoked, the team must designate a new leader. If the team is named after a member whose license is suspended or revoked, the team must designate a new name which does not use the suspended member's name.

Records of team members and team leaders must be maintained for five (5) years after the team dissolves or ceases to engage in or hold itself out as engaging in real estate activity.

Neb. Rev. Stat. § 81-885.24 (2017) ; 299 Neb. Admin. Code, Ch. 2, § 003.08 (2017) ; Neb. Admin. R. & Regs. Tit. 299, Ch. 3, § 001 (2017)

Advertising

All team advertising must prominently display the broker name. Neither the team name or team advertising may suggest that the team is an independent real estate brokerage.

Real estate team names must include the word "team" or "group." Team names may not use the following words: Realtors, Company, Corporation, Corp., Inc., LLC, LP, or LLP. Team names may include the words "real estate" or "realty" only if the terms are immediately followed by the word "team" or "group."

Team advertising must include the team name and must prominently display the broker's name adjacent to the team name in similar or larger size.

Neb. Rev. Stat. § 81-885.24 (2017) ; 299 Neb. Admin. Code, Ch. 2, § 003.07; 299 Neb. Admin. Code, Ch. 2, § 003.08; 299 Neb. Admin. Code, Ch. 2, § 003.014 (2017) ; Nebraska Real Estate Commission, Advertising Do's and Dont's Don't's (2017)

Nevada

Advertising

The term "team" or "group" may be used in licensee advertising if the following conditions are met:

(1) use of the term does not constitute the unlawful use of a trade name and is not deceptively similar to a name under which any other person is lawfully doing business;

(2) the team or group is composed of more than one licensee;

(3) the members of the team or group are employed by the same broker;

(4) the name of the team or group contains the last name of at least one of the members of the team or group; and

(5) the advertising complies with all other applicable provisions of this chapter and chapter 645 of the Nevada Statutes.

Nev. Admin. Code § 645.611 (2017)

New Hampshire

Advertising

All licensee advertising, including advertising that contains information for contacting a team, must include the name and telephone number of the individual principal broker or brokerage firm through which the advertising licensees or team operates. All such advertising must contain language clearly identifying each telephone number included in the advertising.

N.H. Rev. Stat. § 331-A:16 (2017)

New Jersey

Advertising

If a team creates a team website, the website must include either (a) an electronic link to the webpage of the broker through whom the team is licensed, or (b) the telephone number of the licensed brokerage office from which the team operates as real estate licensees. The website may display the street address for the broker as well. The broker information must be as large as the predominant size wording on the webpage.

Where the team website links to the broker website, the team website must clearly indicate how to link to the broker. That information must be as large as the predominant size wording on the website.

If advertising includes a home telephone number, cell-phone number, beeper or pager number, home fax number, or e-mail address of a team, the advertising must also include the telephone number of the broker through which the team operates. All such advertising must also include language identifying each number included in the advertising (indicating home or cell phone, etc.).

N.J. Admin. Code tit. 11:5, § 6.1 (2017)

New Mexico

Advertising

All licensee advertising must include the brokerage trade name and telephone number prominently displayed in a type size not less than 33% of the type size of the associate broker's name or team name.

N.M. Admin. Code § 16.61.32.8 (2017)

New York

Definition

A team is defined as "two or more persons, one of whom must be an associate real estate broker or real estate salesperson, associated with the same real estate brokerage who hold themselves out or operate as a team."

N.Y. Comp. Codes R. & Regs. tit. 19, § 175.25(a)(2) (2017)

Advertising

A team may not publish advertisements for the sale or lease of property listed with or represented by a real estate broker unless the property is listed with or represented by the real estate broker with whom the team placing the ad is associated and the advertisement is authorized by the broker. Team advertising must include the name of the broker. Team advertising may include telephone numbers other than those of the brokerage only if the advertisement clearly identifies the type of the other telephone number as desk, home, cell phone, or otherwise.

The team may use a logo different from that of the real estate broker with whom they are associated as long as the name or logo of the real estate broker or real estate brokerage with whom the team is associated is also printed in the advertisement.

Business cards must include an office telephone number for the team.

Teams may create and maintain a website if the website is authorized by the supervising broker. Each page the website must include the name and contact information of the broker, in addition to a link to the broker or brokerage website with whom the team is associated (unless the broker or brokerage does not have a website). Initial emails sent by team members must also include the name and contact information of the broker.

A team name must include the full licensed name of the brokers, associate brokers or real-estate salespersons who are on the team, or, if the names are not included, the team name must be followed immediately by the phrase "at/of [full name of broker/brokerage]." The team name also must use the word "team." The words "associate," "realty" or "group" are prohibited. Also, the names of non-licensed individuals may not be included in the team name. If advertising names a non-licensed person, the advertisement must clearly and conspicuously state which individuals are licensed and which are not licensed.

N.Y. Comp. Codes R. & Regs. tit. 19, § 175.25(e) (2017)

North Carolina

No team-specific relevant statutes or regulations were located.

North Dakota

No team-specific relevant statutes or regulations were located.

Ohio

Definition

"Team" is defined as "any group of two or more associated real estate licensees affiliated with the same broker or brokerage and/or other non-licensed professionals, such as administrative assistants and other professionals specializing in real estate related fields that advertise together and that group is not licensed pursuant to Chapter 4735 of the Revised Code."

Ohio Admin. Code § 1301:5-1-21 (2017) ; Ohio Real Estate Commission (2016)

Advertising

A team advertisement is permitted if the following conditions are met:

(1) the advertisement includes the name of at least one of the team licensees (the advertisement is not required to list all team members);

(2) the name of the broker is included and displayed in a manner as equally prominent as the team name; and

(3) it identifies unlicensed persons whose names are included in the advertisement as non-licensed.

A team name cannot include the terms "Realty" or "Real Estate" and team names cannot be shared by multiple brokerages.

Ohio Admin. Code § 1301:5-1-21 (2017) ; Ohio Real Estate Commission (2016)

Agency Relationships

No team names may be included in the consumer guide to agency relationships prepared by the broker.

Ohio Admin. Code § 1301:5-6-05 (2017)

Oklahoma

Definition

A team is defined as any two or more licensees who work under the supervision of the same broker, work together on real estate transactions to provide brokerage services, represent themselves to the public as a team, and are designated by a team name.

Okla. Stat. tit. 59, § 858-305 (2017) ; Oklahoma Real Estate Commission (2017)

Registration

Effective November 1, 2017, all teams must register with the Oklahoma Real Estate Commission. The team must be registered before performing any licensed activities. The broker must notify the Commission when any team name is no longer being used.

Okla. Stat. tit. 59, § 858-305 (2017) ; Oklahoma Real Estate Commission (2017) ; Oklahoma Real Estate Commission Team Registration Instructions (2017)

Advertising

Team names must be approved by the associated broker. Team advertising must include the "broker reference," i.e., the name of the associate's broker or the name under which the broker operates in a prominent, conspicuous, and easily identifiable manner, and the team name must be presented in a way in which it cannot be construed as that of the firm name. The broker's reference must be in close proximity to the team name reference. The broker's reference must also be included on each page or frame of a licensee's internet domain or website.

Okla. Admin. Code § 605:10-9-4(b)(3)(D), (F) (2017)

Oregon

Advertising

Licensee advertising may use the term "team" or "group" if the following conditions are met:

(a) the use of the term does not constitute the unlawful use of a trade name and is not deceptively similar to a name under which any other person is lawfully doing business;

(b) the team or group includes at least one real estate licensee;

(c) the licensee members of the team or group are associated with the same principal broker or property manager;

(d) the licensee members of the team or group use each licensee's licensed name;

(e) if the advertising includes any non-licensed individuals, the advertising must clearly state which individuals are real estate licensees and which are not; and

(f) the advertising complies with all other applicable provisions of ORS chapter 696 and its implementing rules.

Or. Admin. R. 863-015-0125 (2017)

Pennsylvania

No team-specific relevant statutes or regulations were located.

Rhode Island

Advertising

No "group of licensees" may use an insignia, emblem, logo, trade name or other form of identification in any advertising or public statement that suggests or implies common ownership or common management among the licensees. This prohibition does not apply to branch offices controlled by a principal broker and duly licensed as a branch office.

Team advertising must include the name of the brokerage or principal broker under which the licensee is licensed to do business. The team name must be "in print smaller and less conspicuous than that of the brokerage" on all advertising except for business cards.

Code R.I. Reg. 11-4-11:25 (2017) ; Rhode Island Association of REALTORS™ (August 2017)

Supervision

The principal broker is responsible for supervising teams. Because Rhode Island does not recognize teams as real estate brokerages, a team cannot transact business on its own. Therefore, all deposit checks must be paid to and held by the principal broker; a deposit check cannot be made payable to a team. The principal broker must maintain records of team transactions for at least three years.

Commissions to team members must be paid by the broker.

Rhode Island Association of REALTORS™

South Carolina

Definition

A team is defined as "two or more associated licensees working together as a single unit within an office established with the commission and supervised by a broker-in-charge."

S.C. Code Ann. § 40-57-30 (2017)

Advertising

Team advertising must contain the team name and full name of the brokerage, displayed in a prominent, visible, conspicuous, and meaningful manner. Team advertising may not include the terms "realty," "real estate," "realtors," or similar terms suggesting a brokerage. The team cannot imply that it is separate from the broker.

The team and all team members must indicate and promote that they are directly connected to the brokerage firm under which the team works.

S.C. Code Ann. § 40-57-360 (2017)

Supervision

The broker-in-charge is responsible for supervising the team and all of its licensed members. The broker-in-charge may not delegate this supervisory responsibility to the team members or the team leader. The broker's written office policy must address the team relationships in which associated licensees may engage.

Team members must conduct all real estate brokerage activities from their commission-established office under the supervision of a broker-in-charge.

S.C. Code Ann. § 40-57-360 (2017)

Agency Relationships

A team may act as disclosed dual agents only with the prior informed and written consent of all parties, and pursuant to the requirements of the broker-in- charge's written office policy.

S.C. Code Ann. § 40-57-360 (2017)

South Dakota

Agency Relationships

If a responsible broker or designated broker appoints a licensee who is a member of a real estate team, the broker must appoint every licensee team member to exclusively represent the same client. If any licensee within the team represents both parties to the same transaction, a limited agency relationship exists.

S.D. Admin. R. 20:69:16:09 (2017)

Definition and Supervision - Proposed legislation

Proposed legislation in South Dakota would define teams and team leaders, provide required duties for team leaders and responsible brokers with respect to team actions, and regulate team advertising.

No. H.B. 1078 (2017)

Tennessee

Supervision

Licensees who hold themselves out as a team must be affiliated with the same firm and may not establish a separate physical location from the firm. The principal broker remains ultimately responsible for the team, and the team cannot represent itself as an entity separate from the broker. The principal broker may not delegate his or her supervisory responsibilities to the licensees who hold themselves out as a team.

Tenn. Comp. R. & Regs. 1260-02.41 (2017)

Compensation

Team members may not receive compensation from anyone other than their principal broker.

Tenn. Comp. R. & Regs. 1260-02.41 (2017)

Advertising

The principal broker must supervise all advertising. All advertising must include the firm name and the firm telephone number in letters the same size or larger than those of the team name. Team names may not include the following terms: "Real Estate," "Real Estate Brokerage," "Realty," "Company," "Corporation," "LLC," "Corp.," "Inc.," "Associates," or other similar terms that would lead the public to believe that those licensees are offering real estate brokerage services independent of the firm and principal broker.

Tenn. Comp. R. & Regs. 1260-02-.12 (2017)

Texas

Registration and Advertising - Proposed Regulation

Texas is considering new regulations relating to team names, registration of teams, and advertising requirements for teams.

22 Tex. Admin. Code § 535.154 (proposed); 22 Tex. Admin. Code § 535.155 (proposed)

Utah

Advertising

Teams are subject to the same advertising requirements as individual licensees. Licensee advertising must clearly and conspicuously identify the name of the brokerage with which the licensee is affiliated. If it is not reasonable to identify the name of the brokerage in an electronic advertisement, the licensee must directly link the electronic advertisement to a display that clearly and conspicuously identifies the name of the brokerage.

Utah Admin. Code 162-2f (2017)

Vermont

Advertising

All licensee advertising must conspicuously include the brokerage firm name. The brokerage firm's registered name shall be the most prominent and largest identifier, and must be larger than the team name, phone number, and web address.

4 Code of Vt. Rules 20-4-1800:4 (2017)

Virginia

No team-specific relevant statutes or regulations were located.

Washington

Advertising

Washington rules do not specifically address "teams." However, a Washington regulation regarding the use of "a name, title, or brand without obtaining an assumed name license" could be construed to apply to real estate teams. In all advertising, the firm's licensed name must be clear and conspicuous "in conjunction with the use of [the] name title or brand." The name, title or brand may not use the following terms, which suggest a separate entity: "Inc.," "LLC," "LLP," "Corp.," "firm," or "company." The name, title or brand also may not be "commonly understood to reference a firm or an office, such as 'realty,' 'realtors,' 'firm,' or 'real estate.'"

Wash. Admin. Code 308-124B-210 (2017)

West Virginia

Advertising - Proposed Regulation

A proposed regulation in West Virginia would require team advertising to include the name of the associated broker. Team advertising would be required to be under the direct supervision of and in the name of the responsible broker.

Wisconsin

No team-specific relevant statutes or regulations were located.

Wyoming

No team-specific relevant statutes or regulations were located.

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