Florida Real Estate Advertising Rules: 61J2-10.025

TL;DR

Florida real estate advertising is governed by FREC Rule 61J2-10.025 of the Florida Administrative Code, and its requirements are short, specific, and heavily tested. Under 61J2-10.025(1), ALL advertising must be done in a manner in which reasonable persons would know they are dealing with a REAL ESTATE LICENSEE; ALL real estate advertisements must include the LICENSED NAME OF THE BROKERAGE FIRM; and NO advertisement placed or caused to be placed by a licensee may be FRAUDULENT, FALSE, DECEPTIVE, OR MISLEADING. Under 61J2-10.025(2), when the licensee's PERSONAL NAME appears in an advertisement, at a minimum the licensee's LAST NAME must be used as registered with the Commission. The rule does not impose a size-comparison requirement on an individual licensee's name — that size rule applies to TEAM OR GROUP advertising under the separate Rule 61J2-10.026. Under 61J2-10.025(3), for INTERNET advertising, the brokerage firm name must be placed ADJACENT TO or immediately ABOVE OR BELOW the POINT OF CONTACT INFORMATION — defined as any means to reach the brokerage or licensee, including mailing addresses, physical addresses, email addresses, telephone numbers, and fax numbers. A licensee is responsible for ensuring their advertising complies with Chapter 475 and division 61J2. Note that a telephone number is NOT itself required in an ad unless brokerage office policy requires it, and that TEAM OR GROUP advertising is governed by a separate rule, 61J2-10.026, not 61J2-10.025. The rule's central principle is that the public must always be able to tell they are dealing with a licensee and must always see the licensed brokerage firm name.

Why advertising is regulated this tightly

Real estate advertising rules exist so consumers are never misled about WHO they are dealing with and UNDER WHOSE license. A buyer or seller responding to an ad needs to know they are contacting a licensed real estate professional, and needs to know the brokerage that stands behind the individual licensee — because it is the brokerage, and its broker, who carry ultimate responsibility for the transaction and for the licensee's conduct.

That is why the two non-negotiable elements of almost every Florida real estate ad are the same: it must be clear the advertiser is a licensee, and the LICENSED BROKERAGE FIRM NAME must appear. The rule is administered by the Florida Real Estate Commission under its rulemaking authority, and a violation is a disciplinary matter. For how FREC disciplines advertising and other conduct violations, see our guide to license law and conduct rules.

The core requirements — 61J2-10.025(1)

Subsection (1) carries the three foundational rules that apply to all advertising.

Clear that it is a licensee. All advertising must be done in a manner in which reasonable persons would know they are dealing with a real estate licensee. An ad that reads like a for-sale-by-owner listing, concealing that a licensee placed it, violates this requirement — the "blind ad" problem.

Licensed brokerage firm name. All real estate advertisements must include the licensed name of the brokerage firm — the full name under which the firm is registered with the Department of Business and Professional Regulation. This is the single most consistently required element in Florida real estate advertising.

Nothing false or misleading. No real estate advertisement placed or caused to be placed by a licensee may be fraudulent, false, deceptive, or misleading. This is the catch-all that reaches inflated claims, bait advertising, and anything that would mislead a reasonable consumer.

Using a personal name — 61J2-10.025(2)

Subsection (2) governs what happens when an individual licensee's name appears in the ad. When the licensee's PERSONAL NAME appears, at the very least the licensee's LAST NAME must be used in the manner in which it is registered with the Commission.

The practical rule is narrow: a licensee advertising under a first name or nickname alone does not satisfy the requirement — the registered last name has to appear. Licensees who use nicknames typically place the nickname in quotation marks within the registered name, so that the registered last name still appears as required. Note what the rule does NOT say: 61J2-10.025(2) imposes no size-comparison requirement on an individual licensee's personal name. The "not larger than the registered brokerage" size rule is a feature of TEAM OR GROUP advertising under Rule 61J2-10.026, not of individual advertising under 61J2-10.025. What subsection (1) does require in every ad is that the licensed brokerage firm name appear and that nothing be misleading.

Internet advertising and point of contact — 61J2-10.025(3)

Subsection (3), as set out in the rule text, adapts the core rules to online advertising, where placement is the concern. When advertising on a site on the Internet, the brokerage firm name required by subsection (1) must be placed ADJACENT TO, or immediately ABOVE OR BELOW, the POINT OF CONTACT INFORMATION.

The rule defines POINT OF CONTACT INFORMATION as any means by which to contact the brokerage firm or individual licensee, including mailing addresses, physical street addresses, email addresses, telephone numbers, and facsimile telephone numbers. The idea is that wherever a consumer finds a way to make contact, the licensed brokerage name is right there with it — a consumer should never be able to reach out through an online ad without seeing which brokerage they are contacting. The remaining requirements of subsections (1) and (2) — clarity that it is a licensee, no false or misleading content, and correct use of the personal name — apply to internet advertising as well.

What the rule does NOT require, and what sits elsewhere

Two boundaries are worth marking because they are commonly confused with the rule. First, a TELEPHONE NUMBER is not itself a required element of a real estate advertisement under Rule 61J2-10.025 — a licensee need not include a phone number unless the brokerage's own office policy requires it. The required contact element is the brokerage name's PLACEMENT relative to whatever contact information is present, not the presence of a particular contact method.

Second, TEAM OR GROUP ADVERTISING is governed by a SEPARATE rule, 61J2-10.026, not by 61J2-10.025. The team-advertising rule adds its own requirements. Under 61J2-10.026(6), in advertisements containing the team or group name, the TEAM OR GROUP NAME shall not be in larger print than the name of the registered brokerage, and all advertising must be in a manner in which reasonable persons would know they are dealing with a team or group. This size-comparison rule — often misremembered as applying to an individual agent's name — actually lives here, in the team rule, and applies to the team or group name. When a fact pattern involves a team name, the analysis shifts to 61J2-10.026, though the underlying principles — brokerage prominence and no deception — are consistent. For related conduct standards, see our guide to license law and conduct rules, and for the licensing structure that stands behind every ad, see our guide to the FREC and DBPR licensing structure.

Frequently Asked Questions

What must every Florida real estate advertisement include?

Under Rule 61J2-10.025(1), every real estate advertisement must be done in a manner in which reasonable persons would know they are dealing with a real estate licensee, must include the LICENSED NAME OF THE BROKERAGE FIRM, and must not be fraudulent, false, deceptive, or misleading. The licensed brokerage firm name — the full name registered with the Department of Business and Professional Regulation — is the single most consistently required element, and its omission is a frequent violation.

Does a licensee's name have to appear in an ad?

A licensee's personal name is not required, but IF it appears, Rule 61J2-10.025(2) requires that at least the licensee's LAST NAME be used as registered with the Commission. Rule 61J2-10.025 does not impose a size-comparison rule on an individual licensee's personal name; the "not larger than the registered brokerage" size rule belongs to team or group advertising under Rule 61J2-10.026. A licensee advertising under only a first name or nickname does not comply; nicknames are typically placed in quotation marks within the registered name so the registered last name still appears.

What are the rules for internet real estate advertising?

Under Rule 61J2-10.025(3), when advertising on the Internet the brokerage firm name must be placed adjacent to, or immediately above or below, the POINT OF CONTACT INFORMATION — any means of contacting the brokerage or licensee, including mailing addresses, physical addresses, email addresses, telephone numbers, and fax numbers. The core requirements of subsections (1) and (2) — clarity that it is a licensee, no deception, and proper use of the personal name — also apply online.

Is a telephone number required in a Florida real estate ad?

No. A telephone number is not a required element of a real estate advertisement under Rule 61J2-10.025 unless the brokerage's own office policy requires it. What the rule requires is that wherever point-of-contact information appears in internet advertising, the licensed brokerage firm name be placed adjacent to or immediately above or below it — the rule governs the placement of the brokerage name relative to contact information, not the presence of any particular contact method.

What is a "blind ad"?

A blind ad is one that conceals that a real estate licensee placed it — for example, an ad styled to look like a for-sale-by-owner listing. It violates Rule 61J2-10.025(1), which requires that all advertising be done in a manner in which reasonable persons would know they are dealing with a real estate licensee, and that the licensed brokerage firm name appear. The rule exists so consumers always know they are contacting a licensed professional and can identify the responsible brokerage.

Do team or group names follow the same advertising rule?

No — team or group advertising is governed by a separate rule, 61J2-10.026, rather than 61J2-10.025. That rule adds requirements specific to team names, such as that the team or group name not appear in larger print than the registered brokerage name and that the advertising still make clear the consumer is dealing with a licensee. The underlying principles are consistent — brokerage prominence and no deception — but a fact pattern involving a team name is analyzed under 61J2-10.026.

Bottom Line

Florida real estate advertising is governed by FREC Rule 61J2-10.025. Subsection (1) requires that ALL advertising make clear the advertiser is a REAL ESTATE LICENSEE, include the LICENSED BROKERAGE FIRM NAME, and contain nothing FRAUDULENT, FALSE, DECEPTIVE, OR MISLEADING. Subsection (2) requires that if the licensee's PERSONAL NAME appears, at least the registered LAST NAME be used; it imposes no size-comparison rule on the individual name (that rule applies to team or group advertising under Rule 61J2-10.026). Subsection (3) requires that in INTERNET advertising the brokerage firm name be placed ADJACENT TO or immediately ABOVE OR BELOW the POINT OF CONTACT INFORMATION — mailing and physical addresses, email, telephone, and fax — with the core requirements applying online as well. A telephone number is NOT itself required unless brokerage office policy requires it, and TEAM OR GROUP advertising is governed by the separate Rule 61J2-10.026. The consistent principle is that the public must always know they are dealing with a licensee and must always see the licensed brokerage firm name; a licensee is personally responsible for ensuring compliance with Chapter 475 and division 61J2. For related topics, see our guides to license law and conduct rules, the FREC and DBPR licensing structure, and sales associate license requirements.

Source: Fla. Admin. Code R. 61J2-10.025 — Advertising (full text) · Fla. Admin. Code R. 61J2-10.025 — annotated text and rulemaking authority · Florida Realtors — Advertising rules for licensees