Advertising Rules

Consent to Advertise: Real estate professionals must obtain written consent from property owners before advertising their properties. This includes placing signs or promoting properties listed by other brokers. 

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Content Standards: All advertisements must include the full name of the real estate brokerage and comply with specific content requirements. For online advertisements, each page or post must clearly display this information without requiring users to scroll. 

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Truthfulness and Accuracy: Advertisements must accurately represent the properties being marketed. Misleading information regarding property conditions, pricing, or features is prohibited. This is crucial for maintaining consumer trust and avoiding legal repercussions. 

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Federal Regulations: The Federal Trade Commission (FTC) oversees advertising practices to prevent deceptive claims. The Fair Housing Act also prohibits discrimination in housing advertisements, ensuring that marketing does not exclude protected classes. 

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State-Specific Laws: Each state may have additional regulations governing real estate advertising. For example, in Kentucky, the Kentucky Real Estate Commission (KREC) enforces advertising standards and holds brokers accountable for their agents' compliance. ​

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Aircraft Noise and Crash Disclosure - Is required for residential property sales or leases within noise zones or Accident Potential Zone.

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Chesapeake Bay Preservation Act (Bay Act) - Enacted in 1988, is Virginia’s primary state law for protecting and improving water quality in the Chesapeake Bay by linking land use decisions to environmental protection.  It requires local governments in Tidewater Virginia to incorporate water quality measures into their comprehensive plans, zoning ordinances, and subdivision regulations.

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Home Owners Association HOA/ Property Owners Association POA Disclosures - Disclosures for the sale of homes that are part of a condominium or property owners’ association (sometimes referred to as an HOA), resale disclosure documents (a resale certificate for condominium unit owners’ associations and an association disclosure packet for property owners associations) are essential tools to ensure that all relevant information that may impact a decision to purchase a home in a particular community are provide.

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Lead Base Paint Disclosure - Every buyer of a home built before 1978 is notified that the property may contain lead-based paint.  Buyers have 10 days to perform an inspection once they receive the disclosure.  

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Megan's Law - Is a federal law that requires information about convicted sex offenders to be made available to the public. It was enacted in response to the tragic murder of seven-year-old Megan Kanka in 1994, who was lured into her neighbor's house and raped by a convicted sex offender. The law mandates that law enforcement officials notify local communities about registered sex offenders living in their area, aiming to enhance public safety and awareness. 

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Septic Disclosure​ - Sellers are required to disclose any known problems with a home to potential buyers. If the property has a septic system, the disclosure must include a legal description of the property and the county in which it’s located, and a map showing the location of the system on the property, to the extent practicable. 

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Stigmatized property - Is one that has an intangible, non-physical attribute that may elicit an emotional or psychological response from potential buyers. Common examples include:

• Properties associated with crime: Homes where violent crimes, such as murders or suicides, have occurred.

• Haunted properties: Homes believed to be haunted or associated with paranormal activity.

• Former grow-ops: Properties previously used for illegal drug cultivation, which may have lingering issues such as mold or structural damage.

• Criminal stigma: Properties used in the commission of a crime (e.g., drug dens, brothels).

• Death stigma: Properties where a death occurred, particularly violent deaths.

• Debt stigma: Properties associated with financial distress, which may lead to harassment from debt collectors unaware of a change in occupancy. ​​

Realtors in Virginia are not required to disclose if a property is stigmatized unless directly asked by their client.

 

Time is of the Essence - All deadlines are strictly enforceable and failure to meet them is a material breach.   

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Virginia Residential Property Disclosure Act - Requires the owner of residential real property to provide a disclosure statement to purchasers.
This statement informs buyers of certain matters that may affect their decision to purchase the property.