Section 35.305. Business name on advertisements

(a) Brokerage companies, including sole proprietorships, cemetery companies and rental listing referral agencies shall advertise or otherwise hold themselves out to the public only under the business name designated on their license.

(b) Licensees who wish to use and advertise a nickname for their first names shall include the nickname on their licensure applications or biennial renewal applications.

(c) An advertisement by an associate broker, salesperson, cemetery associate broker or cemetery salesperson shall contain the business name and telephone number of the employing broker. The names and telephone numbers shall be of equal size.

The provisions of this § 35.305 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 5954; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (287896) to (287897).

Notation

Authority

The provisions of this § 35.305 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902); amended under sections 201, 404, 501, 601, 602 and 604 of the Real Estate Licensing Registration Act (63 P. S. § § 455.201, 455.404, 455.501, 455.601, 455.602 and 455.604).

Notes of Decisions

Employing Broker Information

Several real estate salespersons and associate brokers violated the regulation requiring them to list the business name and telephone number of their employing broker in advertisements, where the advertisements each contained the name of the employing broker and one telephone number, which, although purchased by the employing broker, provides a direct connection to the salesperson or associate broker featured in the advertisement, and where directory assistance provides a different number appearing in none of the advertisements for the employing broker. Campo v. State Real Estate Commission, 723 A.2d 260 (Pa. Cmwlth. 1998).

An advertisement failed to meet the requirements of subsection (b) where telephone numbers, owned and maintained by the employing broker but assigned to various salespeople to answer, were displayed in the advertisement, and the numbers provided in the advertisements did not match the telephone numbers given by directory assistance for the employing broker. D’Alonzo v. State Real Estate Commission, 702 A.2d 1102 (Pa. Cmwlth. 1997).

Validity

The court found ample authority in the Real Estate Licensing and Regulation Act for the State Real Estate Commission’s promulgation of a regulation requiring the employing broker’s telephone number in advertisements, where employing brokers are required to supervise employed salespersons and associate brokers, and misleading advertisements are forbidden; the regulation advances the twin aims of employe supervision and prevention of public misconception by providing the public with unfettered access to the employe’s supervisor, and it also prevents the public from mistakenly believing that the salesperson or associate broker is self-employed. Campo v. State Real Estate Commission, 723 A.2d 260 (Pa. Cmwlth. 1998).

Cross References

This section cited in 49 Pa. Code § 43b.8 (relating to schedule of civil penalties—real estate and cemetery brokers, real estate schools).