Advertising


You might have heard that a company associated with the Las Vegas Review-Journal filed suit on April 14, 2010, case number 2:10-cv-0539, against a REALTOR® for alleged copyright infringement.  The Complaint can be read by clicking HERE.  The accusation is that the REALTOR’S® web site displays on an unauthorized basis, a substantial portion of the literary work owned by the publisher.  In other words the entire article is published without authority.

I contacted the Las Vegas Review Journal and asked how a REALTOR® should cite to their articles without a violation?  Here is their response:

“You may use one paragraph and link back to the original article on our website. Thanks.”  Joyce E. Lupiani, Stephens Media Interactive, reviewjournal.com, lvbusinesspress.com, lvcitylife.com, casinogaming.com, viewnews.com, stephenspress.com. 702.477.3821

If you would like to read more on this, here is the US Copyright office’s guidance on ‘fair use.’  But note that the, “the distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.”

So here how it should look.  Lets take the article found by clicking HERE .

Instead of cutting and pasting the entire article, you would cut and paste like this only:

1.)    title; 

2.)    first paragraph;

3.)    link to read the entire article:

Nevada Real Estate Executive Explains Move Up Tax Credit

Opportunity to take advantage of $6,500 Worker, Homeownership & Business Assistance Act Tax Credit Ends April 30

Las Vegas, NV, April 21, 2010 –(PR.com)– While you’ve probably heard a lot in the media about the government’s efforts to rejuvenate the housing market with the first-time home buyer tax credit, you might have missed the fact that the most recent expansion of the legislation also includes a $6,500 credit for current homeowners who want to purchase a new home…commonly referred to as “moving up.”

http://www.pr.com/press-release/228330

YOU WOULD NOT POST LIKE THIS:

Nevada Real Estate Executive Explains Move Up Tax Credit

Opportunity to take advantage of $6,500 Worker, Homeownership & Business Assistance Act Tax Credit Ends April 30

Las Vegas, NV, April 21, 2010 –(PR.com)– While you’ve probably heard a lot in the media about the government’s efforts to rejuvenate the housing market with the first-time home buyer tax credit, you might have missed the fact that the most recent expansion of the legislation also includes a $6,500 credit for current homeowners who want to purchase a new home…commonly referred to as “moving up.”

“Our firm has dealt with many homeowners over the past year who felt it was a great time to ‘move up,’ but have stayed put due to so much uncertainty in the market and in their personal lives,” said Mark Stark, CEO of Prudential Americana Group. The company is one of Nevada’s largest real estate firms. “Thanks to the tax advantages of the Worker, Homeownership, and Business Assistance Act of 2009, now is the time for homeowners to move off the sidelines and pursue the home they’ve always wanted. There most likely will not be an opportunity quite like this again.”

According to Stark, buyers must act fast, as the window of opportunity is closing. The move-up buyer credit expires on April 30, 2010. “This means you must be in contract by April 30th and close on your home purchase by June 30, 2010,” said Stark. “If you’ve been eyeing a home for purchase, act fast in order to capitalize on the credit.”

According to Stark, the key points to be aware of regarding the move-up buyer tax credit:

A qualified current homeowner who wishes to move to a different home (a “move-up” buyer), must have owned and resided in their residence for five consecutive years out of the last eight. It’s not enough that you have been homeowners for five years—you must have been in the same home for five consecutive years.

Single taxpayers with incomes up to $125,000 and married couples with a joint income up to $225,000 qualify for the full tax credit. According to Goldman Sachs, these income limits make approximately 70% of current homeowners eligible for the credit.

The maximum credit amount for current homeowners is $6,500. Under the new legislation, a tax credit may only be issued for homes purchased for $800,000 or less.

Even though the term “move-up” is used to describe these buyers, the credit is not predicated on buying a home of higher value than your current home.

Move-up buyers are not required to sell their current home to qualify for the credit. They must reside in the new home for at least three years, but they can keep their existing home and either leave it vacated or use it for rental purposes.

“These are just a few of the key facts surrounding the move-up buyer tax credit,” said Stark. “For more information, contact a licensed Nevada Realtor.” To find a Prudential Americana Group Realtor, visit www.americanagroup.com.

Prudential Americana Group was Nevada’s top-selling real estate company in 2009 and has approximately 1,100 sales executives. It is an independently owned and operated member of Prudential Real Estate affiliates and is the 8th largest in the company’s national network of 677 franchises. For more information, visit www.americanagroup.com.

READ ENTIRE ARTICLE HERE:  http://www.pr.com/press-release/228330

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picture1.gifTeam Names

Question:   Me and my friend want to start a team, but our last names are Andersen and Johnson.  Can we start our team name as “The Sales Team” or “The A Team?”  (We both like Mr. T). 

Answer:  Your parents (or spouses?) will be pleased with my response.  No. Your team name must be your personal names on your real estate license! 

The reason is the NAC 645.610{i} and  NAC 645.611{ii}

All advertising in Nevada for a licensee must use the “name under which licensee is licensed” which can be your name or the Team Name.  The rules for a team name are simply, “The name must contain the last name of at least one member of the team.”  Also you may only name your team a “team” or a “group” not “associates,” for example or “congregation” or “club” or “association.” 

You might have seen the word “associates” used in the past in connection with advertisements of teams.  However, the Nevada Real Estate Division (“NRED”) has informed all licensees that the word ‘associates’ is ‘confusing to the public’ when used in a team name.  The code allows only the term “team” or “group” to advertise. 

Therefore your advertisement must include Prudential, Americana Group, REALTORS® and thereafter if you choose (because you are not required to put your own name on the advertisements) you can use the team names of:

  • Andersen and Johnson Team,” as it complies with having at least one person’s last name in the group.
  • The Sales Team,” and “The A Team” are not acceptable as they do not have ‘at least one last name,’
  • A sign yard of “Andersen Team” is acceptable and this is true even if a team member of the Andersen Team by the name of Jake Petterson is actually handling the listing, but is not on the yard sign, because Jake Petterson is on the Duties Owed Addendum of the AndersenTeam.   

But what about my website? 

Great question, a website is like a phone number.  So, you can have a noncompliant teamname in your website, such as www.theAteam.com.  But be sure and have the full site there, and I recommend a leader sentence like, “visit me at!” to be super safe.


{i} http://www.leg.state.nv.us/NAC/NAC-645.html#NAC645Sec610

NAC 645.610  Restrictions on advertising; use of name under which licensee is licensed. (NRS 645.050, 645.190) 

1.  In addition to satisfying the requirements set forth in NRS 645.315: 

(a) An advertisement of the services of a licensee for which a license is required under chapter 645 of NRS must not be false or misleading. 

(b) Except as otherwise provided in this paragraph, a licensee shall not use his name or telephone number or the name or telephone number of another licensee of the brokerage firm with which he is associated in any advertisement which contains the words “for sale by owner,” “for lease by owner” or similar words. A licensee may use his name or telephone number in an advertisement for property if the licensee has an ownership interest in the advertised property and the advertisement contains: 

(1) If the licensee is a real estate broker, the words “for sale by owner-broker,” “for lease by owner-broker” or substantially similar words; or 

(2) If the licensee is an agent, the words “for sale by owner-agent,” “for lease by owner-agent” or substantially similar words. 

(c) The name of a brokerage firm under which a real estate broker does business or with which a real estate broker-salesman or salesman is associated must be clearly identified with prominence in any advertisement. In determining whether the name of the brokerage firm is identified with prominence, the Division shall consider, without limitation, the style, size and color of the type or font used and the location of the name of the brokerage firm as it appears in the advertisement. 

(d) A licensee shall not publish or cause to be published any advertisement or place any sign that makes any reference to the availability of a specific property which is exclusively listed for sale by another broker unless the licensee obtains the prior written consent of the broker with whom the property is listed. Such consent must not be given or withheld by the listing broker without the knowledge of the owner of the property. 

(e) A licensee shall not advertise or otherwise conduct business under a name, including a nickname, other than the name under which he is licensed to engage in business. 

2.  If advertising under the name of a franchise, a broker shall incorporate in a conspicuous way in the advertisement the real, fictitious or corporate name under which he is licensed to engage in business and an acknowledgment that each office is independently owned and operated. 

3.  As used in this section, “advertisement” includes, without limitation: 

(a) Any unsolicited printed material and any broadcast made by radio, television or electronic means, including, without limitation, by unsolicited electronic mail and the Internet, billboards and signs; and 

(b) Business cards, stationery, forms and other documents used in a real estate transaction. 

{ii} http://www.leg.state.nv.us/NAC/NAC-645.html#NAC645Sec611

NAC 645.611  Advertisement of services: Use of terms “team” and “group.” (NRS 645.050, 645.190)  A licensee may use the term “team” or “group” to advertise the services provided by the licensee if: 

  1. The use of the term does not constitute the unlawful use of a trade name and is not deceptively similar to a name under which any other person is lawfully doing business; 
  2. The team or group is composed of more than one licensee; 
  3. The members of the team or group are employed by the same broker; 
  4. The name of the team or group contains the last name of at least one of the members of the team or group; and 
  5. The advertising complies with all other applicable provisions of this chapter and chapter 645 of NRS.