INTERNET GUIDELINES

(Adapted from the Association of Real Estate License Law Officials "Best Practices Internet Guidelines", approved by the South Dakota Real Estate Commission in November 1999)

DEFINITIONS

Active Communication – the intent of contacting specifically identifiable individuals or groups of individuals.

Active Solicitation – active communication with consumers about real estate services with intent to form a brokerage relationship.

Advertising – all forms of representation, promotion and solicitation disseminated in any manner and by any means of communication to consumers for any purpose related to licensed real estate activity.

Jurisdictional Intent – a reasonable body of evidence which points to intentional activity on the part of a legal entity or individual to perform services or offering to perform services requiring a real estate license in a jurisdiction.

Licensed Firm Disclosure – advertising or messaging that contains the following information:

1. the firm’s name as registered with the SD Real Estate Commission (abbreviations not permitted),
2. the city and state in which the firm’s main office is located, and
3. the state in which the firm holds a real estate brokerage license.

Licensee Disclosure – advertising or messaging that contains the following information:

1. the licensee’s name,
2. the name of the firm with which the licensee is affiliated as that firm’s name is registered with the SD Real Estate Commission (abbreviations not permitted),
3. the city and state in which the licensee’s office is located, and
4. the states in which the licensee holds a real estate license.

Messaging – all forms of communication in any manner and by any means of communication to the public for any purpose, other than advertising, related to licensed real estate activity.

Passive Communication – communication available to the general public with no intent to contact specifically identifiable individuals or groups of individuals.

JURISDICTIONAL INTENT

1. Any online activity meeting the test of jurisdictional intent is subject to the laws of the jurisdiction(s) in question.

    2.    An appropriate license is required for each jurisdiction in which licensable online activity meets the test of              jurisdictional intent.

LICENSEE AND LICENSED FIRM DISCLOSURE

1. All internet related advertising that consumers can view or experience as a separate unit (for example, e-mail messages or Web pages) should require full disclosure. The licensed entity should make full disclosure in some written form that is understandable and easily available to the recipient prior to providing, or offering to provide, licensable services. The burden of proof of such prior full disclosures falls on the licensed entity when addressing a consumer complaint.
   
2. Online Disclosure:

1. The Web – Whenever a licensed entity owns a Web "page" or controls its content, every viewable page should include (or link to) a full disclosure. A "viewable page" is one that may or may not scroll beyond the borders of the screen and includes the use of framed pages.

2. E-mail, Newsgroups, Discussion Lists, Bulletin Boards – Such formats should include a full disclosure at the beginning or end of each message.

3. Instant Messages – Full disclosure is not necessary in this format if the licensed entity provided the written full disclosures via another format or medium (e.g., e-mail or letter) prior to providing, or offering to provide, licensable services.

4. Chat – Full disclosure prior to providing, or offering to provide, licensable services during the chat session or in text visible on the same Web page that contains the chat session if the licensed entity controls the Web site hosting the chat session.

5. VON (Voice Over Net) – Advertising: "audible" full disclosure prior to the advertising message or disclosure text visible on the same Web page that contains the VON session (if applicable). Messaging: "audible" full disclosure is not necessary if full written disclosure was provided via another medium (i.e. e-mail, letter) prior to providing, or offering to provide, licensable services.

6. Multimedia Advertising (e.g. Web based, executable e-mail attachments, etc.) – Full disclosure should be visible as part of the advertising message.

7. Banner Ads – Should link to a Web page that has full disclosure, unless the banner ad has said disclosure.

ACTIVE SOLICITATION

1. "Active solicitation" occurs whenever a licensed entity establishes active online communication with a consumer about real estate services with the intent to form a brokerage relationship. Active online communications methods include e-mail, chat, VON, instant messaging, and any other form of contact with specifically identifiable individuals or groups of individuals. Other forms of online communications (such as Web pages, discussion lists, bulletin board, banner ads, and multimedia advertising) are usually not considered "active solicitation" because they are forms of "passive" communication.
   
   
2. Jurisdictional "active solicitation" regulations apply anytime a licensee establishes active online communication with consumers about real estate services with intent to form a brokerage relationship.

LISTINGS

1. Online listing information should be consistent with the property description and actual status of the listing. When a licensed entity controls the online site, material changes to the listing status authorized by seller or property description shall be updated in a timely manner.
   
   
2. When a third party online listing service (e.g. REALTOR.com or Homeadvisor.com) controls the Web site displaying the listing information, licensed entities to whom the listing belongs should make timely written requests (e.g. e-mail, online forms, or fax) for updates reflecting material changes to the listing status or property description in a timely manner.
   
   
3. All listing information should indicate in a readily visible manner the date that the information was last updated.
   
   
4. Licensed entities should not advertise other licensed entities’ listings without written permission, and if given, should not alter the online display or any informational part of the listing without written permission of the listing owner.
   
   
5. Online listing information is to be consistent with the property description and actual status of the listing. Material changes to the listing status or property description should be made in a timely manner. All online listing information includes readily visible language indicating when the listing information shown was last updated. Written permission should be obtained to display other licensed entities listing information as well as displaying any material changes to the display or nature of said information.