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Important NYSAR Legal Update Regarding Broker Websites & DOS

May 01, 2018

NYSAR has been informed that the New York State Department of State Division of Licensing Services (DOS) has begun auditing broker websites for compliance with the advertising regulations. It is NYSAR’s understanding that the audits are initiated by the DOS and are not based upon consumer complaints.

Brokers should make a thorough review of their websites for compliance with the advertising regulations.

It should be noted that any website operated by a broker or an associated licensee of the broker qualifies as a broker website, since only a broker is authorized to place an advertisement (19 NYCRR section 175.25). The review should include such things as the proper use of license types, identifying the name and address or phone number of the brokerage as well as a link back to the brokerage's website (if the website is that of an associated license).

For information on complying with the advertising regulations, as well as a copy of the advertising regulations, click here.

For questions on the advertising regulations, please contact the NYSAR Legal Hotline Monday-Friday, 9 a.m.-4 p.m. at 518-436-9727.