Just a reminder that the Real Estate Council of British Columbia (RECBC) requires the brokerage’s name on all advertising, in proportion to the advertisement. They also strongly recommend that the brokerage’s address and phone number be on the advertisement.

There are specific advertising requirements from the Canadian Real Estate Association (CREA), the Real Estate Council of British Columbia (RECBC), each local Real Estate Board, and even specific brokerages.

Be diligent to ensure that every piece of advertisement that goes out or is published complies with these requirements.

http://www.recbc.ca/consumer/rules.htm#part4_division3

Real Estate Council of British Columbia's Rules

Division 3 – Advertising

4-6 Restrictions and requirements related to advertising generally

1. A licensee must not publish real estate advertising unless it complies with this section.

2. In all cases, the licensee name of the brokerage must be displayed in a prominent and easily readable way.

3. If real estate advertising identifies a managing broker, associate broker or representative, this must be done by using the licensee name of the individual.

4. If real estate advertising includes an office address for the licensee, this must be the address of the related brokerage office.

5. If the council approves a team name for a group of related licensees, real estate advertising may also identify the group by this team name.

4-7 False or misleading advertising prohibited

A licensee must not publish real estate advertising that the licensee knows contains a false statement or misrepresentation concerning real estate, a trade in real estate or the provision of real estate services.

4-8 Advertising in relation to specific real estate

A licensee must not publish real estate advertising indicating that specific real estate is being offered for sale or other disposition unless the owner of the real estate, or an authorized agent of the owner, has consented to the advertising.

We've been contacted by some of our graduates in regards to REALTORS® wanting them to host open houses, which Unlicensed Real Estate Assistants are absolutely NOT allowed to do. Just to reiterate, below are the guidelines from the Real Estate Council of British Columbia's Licensee Practice Manual on what unlicensed PRAs can and cannot do.

Excerpt from RECBC’s Licensee Practice Manual:

Licensee’s Assistants

On a regular basis, the Council receives inquiries from licensees as to whether or not they can employ assistants. The answer, of course, is yes, but there are restrictions on the activities the assistant may perform depending upon whether or not the assistant is licensed under RESA. As a licensed assistant is considered exactly the same as other licensed individuals, the only restriction on a licensed assistant is that all remuneration for licensed activity must be paid by the brokerage and not by the assisted licensee. If a licensee is providing unlicensed assistance to another licensee, e.g., typing, bookkeeping, etc., the licensee performing the unlicensed activity may be paid directly for these unlicensed activities only by the assisted licensee. If an unlicensed assistant is employed, this individual may be paid directly by the assisted licensee, however, extreme caution should be exercised to ensure that everyone involved complies with RESA.

An unlicensed assistant may not:

• Host open houses, kiosks, or home show booths;

• Solicit buyers, sellers, landlords, or tenants;

• Show property;

• Respond to questions from anyone outside the related brokerage about information concerning listings or other contracts, titles, financial documents, closing documents, or other information relating to a transaction;

• Explain or interpret a Contract of Purchase and Sale or any form of service agreement (e.g. listing contract, rental property management contract or strata management contract) with or to anyone outside the related brokerage;

• Negotiate or agree to any commission, commission split, management fee, or referral fee on behalf of a licensee;

• Present or negotiate an offer or any form of service agreement; or

• Perform any other activity for which a license under the Act is required. Conduct involving these activities falls within the definition of real estate services and requires a license before they may be performed on behalf of others in expectation of remuneration. A licensee who pays an unlicensed assistant to perform these activities breaches section 6-1 of the Council Rules, which prohibits a licensee from paying an unlicensed person who performs real estate services for which a license is required.

An unlicensed assistant may:

• Answer the telephone, take messages, and forward calls to a licensee;

• Schedule appointments for the licensee (this does not include making telephone calls, telemarketing , or performing other activities to solicit business on behalf of the licensee);

• Secure public information from a courthouse, municipality, regional district, or other source of public information;

• Place or remove signs on property;

• Submit listings and changes, as approved by a licensee, to a Multiple Listing Service®;

• Have keys made for a brokerage’s listing;

• Unlock a property in order that it may be shown by a licensee;

• Draft advertising copy, promotional materials, and correspondence for approval by a licensee (correspondence must be signed by the licensee);

• Place advertising;

• Prepare and distribute flyers and promotional information under the direction of and with approval by a licensee;

• Act as a courier to deliver documents, pick up keys, etc.;

• Be in attendance at a property during a licensee tour which is not open to the public so long as the unlicensed assistant does not answer any questions or offer any information beyond what has been provided, in writing, by the seller’s brokerage;

• Gather feedback from licensees on showings;

• Complete contract forms with business and factual information at the direction of and with approval by a licensee;

• Witness signatures;

• Assemble documents for a closing;

• Follow up on a trade in real estate after a contract has been signed by

• Arranging and/or allowing access to property for a property inspector or appraiser, or

• Providing other similar facilitation services that would not otherwise require licensing;

• Perform bookkeeping or office functions, including

• Record and deposit trust funds, including transaction deposits, security deposits and rents,

• Compute remuneration cheques and perform bookkeeping activities,

• Monitor licenses and personnel files, and

• Office filing;

• Assist a licensee in the management of rental property, including , as directed by a licensee

• Order items of routine repair,

• Perform, manage, or supervise maintenance, engineering, operations or other building

• Trades work and answer questions about such work,

• Provide security services,

• Provide concierge services and other similar services to existing tenants,

• Place routine telephone calls on late rent payments,

• Perform other administrative, clerical, and personal activities for which a license under the Act is not required;

• Assist a licensee who is providing strata management services, including, as directed by a licensee

• Order items of routine repair,

• Receive and record payments of strata fees, liens and fines from owners,

• Prepare cheques for signature by the licensee, or strata council members, and

• Perform bookkeeping, and accounting functions.

Source: Licensee Practice Manual (6th Edition)

II. Trading Services

Page 44-47

http://www.recbc.ca/pdf/LPM.pdf