Proposed Commission Regulation 10.5

What You Need to Know About Proposed Regulations on Real Estate Advertising

This is a snapshot of what we know about Commission Regulation 10.5 (currently on the Governor’s desk as of September 7, 2018), the contents of which will impose strict regulations on advertising any brokerage activities in Arkansas. As more information becomes available, we’ll do our best to update as soon as possible.

Principle Broker Responsibility

The first part of the proposed regulations deals with the responsibility of the Principle Broker to any given agent. That Principle Broker is expected to supervise any and all advertisements related to brokerage activities included but not limited to: signs, cards, websites, ads both digital and traditional, and social media. Furthermore, the Supervising Broker is expected to create their own policy internally that regulates advertising, based on this regulation.

Disclosure of Principle Broker Contact Information

A considerable portion of the proposed regulation deals with disclosure of the brokerage firm’s name, contact number, and address (depending on how much of that information is displayed for the agent). In all cases the brokerage firm’s information will be required to be displayed as prominently or more prominently than the agent’s information. Other specifications moderate both prominence and authenticity of the information, even down to the proximity of the agent’s information.

Proposed Dates to Implement Requirements

Once the regulation goes into effect, the requirements have their own separate dates.

  • All printed collateral including signs, print media, cards, must comply by July 1, 2020.
  • All digital, TV, radio, video, etc. (non-printed) advertising regulations go into effect July 1, 2019.

When ATG has official word that these regulations have been signed into effect, we’ll update our readers ASAP.