452.136 Advertising by licensees.
(1) False advertising. A licensee may not advertise in a manner that is false, deceptive, or misleading.
(2) Disclosure of name.
(a) Except for advertisements for the rental of real estate owned by the licensee, a licensee shall in all advertising disclose the firm's name exactly as printed on the license of the licensed individual broker or licensed broker business entity or disclose a trade name previously filed by the firm with the department and shall in either case clearly indicate that the firm is a business enterprise and not a private party.
(b) Except for advertisements for the rental of real estate owned by the licensee, a licensee associated with a firm shall advertise under the supervision of and in the name of the firm. The firm's name as used in advertising shall be clear and conspicuous. This paragraph does not apply to a licensee engaged in independent practice as provided in s. 452.30 (6).
(c) Notwithstanding pars. (a) and (b), a licensee may advertise the occasional sale of real estate owned by the licensee or may engage in the occasional solicitation of real estate for purchase by the licensee without complying with pars. (a) and (b), provided that the licensee clearly identifies himself, herself, or itself as a real estate licensee in the advertisement.
(3) Advertising without agency agreement prohibited. A firm and any licensees associated with the firm may not advertise a property unless one of the following applies:
(a) The firm is the listing firm for the property.
(b) The firm or a licensee associated with the firm has obtained consent to advertise the property from the listing firm for the property.
(4) Advertised price. A licensee may not advertise property at a price other than that agreed upon with the owner, except that the price may be stated as a range or in general terms if it reflects the agreed upon price.
History: 2017 a. 110.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 452 - Real estate practice.
452.03 - Brokers and salespersons licensed.
452.05 - Duties and powers of board.
452.06 - Councils and committees.
452.08 - Board receipt of proposed legislation.
452.09 - Application for license, contents.
452.10 - Applications, verification, fees, exceptions.
452.11 - Nonresident applicants and licensees.
452.132 - Responsibilities of firms and licensees.
452.133 - Duties of licensees; prohibitions.
452.134 - Agency relationships; multiple representation relationships.
452.135 - Disclosure of duties.
452.136 - Advertising by licensees.
452.137 - Cooperation with out-of-state brokers and salespersons.
452.138 - Firms providing services in more than one transaction.
452.139 - Changes in common law duties and liabilities of brokers and parties.
452.14 - Investigation and discipline of licensees.
452.142 - Actions concerning licensees.
452.19 - Fees and commissions.
452.20 - Limitation on actions for commissions.
452.21 - Compensation presumed.
452.22 - Certifications as evidence.
452.23 - Disclosures, investigations and inspections by brokers and salespersons.
452.24 - Disclosure duty; immunity for providing notice about the sex offender registry.
452.25 - Criminal convictions and disclosures.
452.30 - Association with firm; independent practice.
452.34 - Unlicensed personal assistants.
452.38 - Independent contractor relationship.