From floridarealtor.org
Q: I’m a real estate licensee, and I’d like to place a “For Sale by Owner” (FSBO) sign in my front yard to attract potential buyers and other real estate licensees. I’m not actually planning to sell my house; I just want to market my real estate services to anyone who sees my FSBO sign and calls me. Is this allowed?
A: No. Enticing potential buyers and other real estate licensees to call about your house, which you have no intention of selling, in an attempt to market your services is a violation of Article 12 of the Realtor® Code of Ethics, promulgated by the National Association of Realtors® (NAR) and adopted by the Florida Association of Realtors (FAR). Article 12 advises, in part, “Realtors shall be careful at all times to present a true picture in their advertising and representations to the public.” Check with your local Board or visit floridarealtors.org for a copy of the Realtor Code of Ethics.
From a licensing law perspective, Section 475.25(1)(c), Florida Statutes, warns that licensees must not “advertise any property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content,” and Rule 61J2-10.025, Florida Administrative Code, echoes this point. The Florida Real Estate Commission (FREC) may also be able to assert that this type of activity is dishonest.
Q: I’m a broker who specializes in the sale of businesses and business opportunities. I want to call businesses in my area to see if they’re interested in selling. Do the federal Do Not Call laws or regulations apply to businesses?
A: No. The Do Not Call Registry is only for residential telephone numbers.
Q: How can I file a complaint with the Florida Real Estate Commission (FREC)?
A: All complaints must be in writing. Although you may write a letter, the Department of Business and Professional Regulation provides a Uniform Complaint Form that is available from various sources, including floridarealtors.org and MyFloridaLicense.com.
Q: My name is John Johnson but everyone calls me Johnny. May I use Johnny in my advertising? How about my business cards and sign?
A: Business cards and signs are considered advertising. The recommended way to use a nickname in advertising is to include it in quotation marks after your first name or first initial. For example: John “Johnny” Johnson or J. “Johnny” Johnson. And any time you use your first name or nickname in any advertising, you must also use your last name as it is registered with the Florida Real Estate Commission.
Q: I’m a landlord, and I don’t want to rent to college students. May a landlord refuse to rent to single college students without violating the Fair Housing Act?
A: Yes. College students don’t constitute a protected class under the Fair Housing Act, which prohibits discrimination based on race, color, religion, handicap, familial status or national origin. Familial status has been defined as a person with one or more children under the age of 18, a woman who is pregnant or a person who has custody or is gaining custody of a child under the age of 18.
Q: I’m placing an advertisement in the newspaper; do I have to include my telephone number in the ad?
A: No. Rule 61J2-10.025, Florida Administrative Code (FAC), does not require that a telephone number appear in the advertisement.