13.1     “For Sale” Signs.  Only the “For Sale” signs of the listing broker may be placed on the property. 

13.2    “Sold” Signs and Use of the Term “Sold.”  Prior to closing, only the “sold” or “in escrow” signs of the listing broker may be placed on a property, unless the listing broker authorizes the cooperating broker to post such signs.  After closing, “sold” signs of the listing broker or the cooperating broker may be placed on a property, and the listing broker or the cooperating broker may advertise the property as “sold.” Only Members who participated in the transaction as the listing broker or cooperating broker may claim to have “sold” the property.  (2/27/06)

13.3    Use of On Market MLS Data in Advertising.  Except as provided in Regulations 14.2 and 14.3, without the prior written consent of the listing broker, any advertising of On Market MLS Data is prohibited by any Member other than the listing broker. (2/27/06)

13.4    Use of Comparable MLS Data in Advertising.  Except as provided in Regulations 12.2 and 13.2, any advertising of comparable MLS data is prohibited except for use in a Member’s marketing materials that are designed to promote the Member’s services as a real estate broker, agent or appraiser, generally.  Comparable MLS Data obtained from BAREIS and used in such marketing materials must contain the following disclaimer: 

“This information is based on sales reported in Bay Area Real Estate Information Services, Inc. (BAREIS) and is not verified and is  subject to change. Listings represented may not have been listed or sold by (agent/firm name).  (2/27/06)

13.5      Use of MLS Data in Market Share Advertising.  Advertising of statistical data for the purpose of demonstrating market share is permitted; provided, however, any use of MLS data for demonstrating market share must include the following notice:

“Based on information from Bay Area Real Estate Information Services, Inc.  (BAREIS) for the period [date] through [date]. Information has not been verified, is not guaranteed, and is subject to change.”   (2/27/06)

13.6       False or Misleading Advertising and Representations; Unfair Competition.  Members may not engage in false or misleading advertising or any other conduct that violates the provisions of California Business and Professions Code, Section 17200, et seq., including, but not limited to, advertisements or representations regarding the Member’s relationship to BAREIS, BAREIS itself, or any property listed in the MLS Database.  It shall not be BAREIS’ responsibility to mediate or resolve conflicts between or among Members with respect to false or misleading advertising or other unfair business practices. (2/27/06)

13.7      Use of the terms MLS and Multiple Listing Service.  California Civil Code Section 1087 defines a multiple listing service as:  “a facility of cooperation of agents and appraisers, operating through an intermediary which does not itself act as an agent or appraiser, through which agents establish express or implied legal relationships with respect to listed properties, or which may be used by agents and appraisers, pursuant to the rules of the service, to prepare market evaluations and appraisals of real property.”

No Participant, Subscriber or licensee affiliated with any Participant shall, through the name of his, her or its firm, URLs, e-mail addresses, website addresses, or in any other way represent, suggest or imply that the individual or firm is a multiple listing service, an “MLS,” or that he, she or it operates a multiple listing service.  Participants, Subscribers and licensees affiliated with Participants shall not represent, suggest or imply that consumers or others have direct access to the BAREIS MLS^® databases, or that consumers or others are able to search BAREIS MLS^® databases available only to participants and subscribers.  This does not prohibit Participants and Subscribers from representing that any information they are authorized under the Rules and these Regulations to provide to clients or consumers is available on their websites or otherwise.

Provisions in the Department of Real Estate Regulations Article Five, Section 2731 of the Regulations of the Real Estate Commissioner governs fictitious business names and prohibits the use of any names that are misleading or would constitute false advertisement.  (Effective 05/19/08)