Do you get upset with other REALTORS® and real estate teams that potentially give the false impression that they are a stand-alone brokerage and do not clearly disclose their brokerage on their signs and other advertising and communications? The SC real estate commissioners do.
The commissioners and LLR staff want the public to know exactly how to contact the licensee’s and team’s supervising Broker-in-Charge to work out solutions to problems or to file complaints if there are no solutions to problems found.
Brokers-in-Charge are responsible to know license law and the code of ethics and to supervise their associated licensees and teams.
Brokers-in-Charge are potentially liable for bad acts and ommissions by their associated licensees and teams (e.g. lawsuits, ethics complaints, license law complaints).
File today at LLR and the appropriate association if you desire action on advertising issues with license law and ethics.
If you do not file, no LLR prosecution and no association processing will occur.
Anonymous ethics complaints in other states are generally focused on advertising issues because other articles may identify the complainant by the facts of the case whereas sending in a photo of potentially misleading advertising can stand on its own.
Currently, the SCR professional standards committee members are considering anonymous ethics complaints but SCR leadership have not officially adopted anonymous ethics complaints yet.
LLR takes online written complaints via an email address, so an anonymous email address creates a de facto anonymous complaint system at LLR. From the written complaint, LLR investigators and LLR prosecutors can take action. To file online at LLR, simply go to the SC real estate commission website then click upper right "licensee lookup" and look up the licensee. Click the link on the licensee info page to file an online complaint against the licensee.
SCR recommends that REALTORS® file advertising complaints at LLR (license law) and the appropriate association on appropriate issues such as advertising (article 12).
Advertising ethics complaints are common and might even fit into an ombudsman (e.g. ethics mediator) or citation program (e.g. the "traffic citation" fine/education without a hearing "plea deal" system).
There is advertising language in both state law and national code of ethics that allows the SC real estate commissioners and a REALTOR® ethics hearing panel to discipline a licensee for misrepresentation or not providing a true picture.
Several of the commissioners at LLR have stated on numerous occasions that one of their top issues is preventing individual licensees and teams from giving false impressions to the public that the individual or the team is a stand-alone brokerage. So if you file a written complaint at LLR, you might see attention at LLR.
LICENSE LAWS:
(3) A licensee may not conduct real estate business under another name or at an address other than the one for which his license is issued.
(2) When advertising or marketing real estate owned, in whole or in part, by another person in any medium, including site signage, a licensee clearly must identify the full name of the real estate brokerage firm with which the licensee is associated. When advertising on the Internet or in another electronic media, this requirement may be met by including a link from the advertisement to the homepage of the brokerage firm.
(D) Team advertising must contain the team name and the full name of the real estate brokerage firm displayed in a conspicuous way.
(F) The team, and any and all team members, must display and promote that they are directly connected to the brokerage firm under which the team works. The brokerage firm name under which the team works is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising.
(4) pursues a continued and flagrant course of misrepresentation or makes false and misleading promises through any medium of advertising or otherwise;
Article 12
Realtors® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations. Realtors® shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing, and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional. (Amended 1/08)
Posted by : Byron King on 8/13/18 (This information is only accurate as of 8/13/18. You must contact SCR for updates and changes to this information after 8/13/18 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)