FACTS:                 

A real estate team held an open house. An unlicensed assistant attending the open house posted video to a social media site. The video featured the unlicensed assistant who stated, “Come down to our open house and join us!”

ISSUE:                  

Must the unlicensed assistant disclose that she is not licensed in the video?

ANSWER:                           

Yes.

DISCUSSION:    

Arizona Department of Real Estate Substantive Policy Statement 2017.01 states: All inclusions of the unlicensed assistant in advertising or marketing must indicate the individual as being “unlicensed” (A.R.S. § 32-2165(A)).

Therefore, the unlicensed assistant should identify herself as unlicensed in any advertisement or marketing.