Real Estate Advertising Guidelines 12
Discrimination, Advertising, and Fair
Housing
California law protects individuals from illegal
discrimination based on race, color, sex/gender,
religion, ancestry, disability, sexual orientation,
marital status, medical condition, national origin,
gender identity, age, and other classes. When
conducting licensed real estate activities, licensees are
prohibited from making, printing, publishing, or using
advertisements that are discriminatory.
Some examples of prohibited discriminatory
advertising include:
• Making advertisements that indicate
preferences, limitations, or discriminations
because of race, color, sex, religion, ancestry,
disability, marital status, national origin and
other classes, or any intention to make such
preference, limitation, or discrimination.
• Using any words, phrases, sentences,
descriptions, or visual aids advertisements
describing real property or the area in which
real property is located which indicates any
preference, limitation, or discrimination
because of race, color, sex/gender, religion,
ancestry, disability, marital status, national
origin, or other classes.
• Selectively using, placing or designing
advertisements having to do with the sale,
rental or financing of the purchase of real
property which cause or increase
discrimination by restricting or enhancing the
exposure or appeal to persons of a particular
race, color, sex/gender, ancestry, disability,
marital status, national origin, or other classes.
When marketing services, a licensee’s advertising
should present no limitations on the consumer who is
sought and, moreover, the licensee must be prepared
to reasonably accommodate any consumer who seeks
the advertised services of the industry professional.
(CCR 2780.)
Social Media and On-line Advertising
In addition to the basic advertising requirements for
traditional media, such as print, radio, or television,
licensees are also required to disclose the same
information when advertising on the Internet or on
social media platforms. If a licensee owns a website
or controls its content, the website must include the
license identification number of the person or entity
offering the advertised service or property. Similarly,
for social media, licensees must disclose their license
status, satisfy the first point of contact materials
requirements, and generally ensure their advertising
is clear and truthful.
There are also additional requirements if a licensee is
advertising escrow services or originating mortgage
loans. (See sections on Advertising Escrow Services
and Mortgage Loan Advertising.) (Bus. & Prof.
Code sections 10140.6, 10235, 10235.5, 10236.1,
10236.4, and 10240.3; CCR 2770.1, 2773, 2847.3,
and 2848)
Professional Designations
An industry professional who is licensed in another
profession, such as an engineer or lawyer, may
include such information in their advertising as long
as they are a member in good standing and/or
appropriately licensed in that profession.
Similarly, real estate professionals may hold a
professional designation or certification given to
them through a professional or industry association.
Designations that licensees have earned and have
been awarded may be included in advertising, if they
are valid and current. (Bus. & Prof. Code section
10176(a) and 10176(c))