CTR has provided the following answers to frequently asked questions surrounding the new Real Estate Professionalism and Teams guidelines (Public Act 21-167).
*** Please note- SmartMLS has nothing to do with the creation of Real Estate Teams guidelines. It is a joint effort between CT Realtors (CTR) and the Department of Consumer Protection (DCP). ***
Please direct any additional questions or concerns to CTR:
(860) 290-6601
info@ctrealtors.com
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Can we use the symbol “@”, as opposed to the full word “at” ABCDEFG Real Estate?
Answer: No.
Can we use “The” in front of a name, such as “The Doe Team of ABCDEFG Real Estate”?
Answer: Yes.
Can you use Real Estate within a name, such as “The Doe Real Estate Team”?
Answer: No, prohibited words cannot be used in any part of a team name.
Can I use the abbreviations Co or RE within a team name, such as “The Doe RE Team”?
Answer: No, abbreviations of prohibited words cannot be used in any part of a team name.
Can I use a plus sign, hyphen, slash or line in a team name? (e.g., Smith-Jones Team at ABCDEFG Real Estate, Smith / Jones Team at ABCDEFG Real Estate or Smith I Jones Team at ABCDEFG Real Estate)
Answer: Yes, provided all the rules about the composition of a team and a team name in Section 2(e) of the Public Act are followed.
Can I use the word “partners” in my team name?
Answer: No, DCP has confirmed that term implies a business entity.
How does a sub-team of a team work?
Answer: The statute does not permit sub-teams, only teams. A sub-team would need to be registered as a team and comply with the team composition, team name, and advertising requirements.
Can a licensee affiliated with a real estate brokerage entity register with two separate teams within that entity?
Answer: Yes.
If there are only two licensed agents on a team but only one is highly marketed, while the other does the back-end operations, is this still considered a team, given both are licensed?
Answer: Yes. What triggers a requirement for licensees to register a team is a desire to publicly advertise as a team. Production volume or the role of a licensee who is a team member is not a factor.
Are there restrictions on the use of the word team in social media handles?
Answer: Yes, the use of the word “team” in any advertising is limited to those registered as a team.
Can I use the word team in an email address if I have not registered a team?
Answer: No.
If I’m licensed in Connecticut through reciprocity, am I exempt from Connecticut advertising laws and regulations, including with teams?
Answer: No, reciprocity is only related to the path to be licensed in Connecticut, but licensees must then follow all the state statutes and regulations in their Connecticut real estate practice, including advertising.
For administrative purposes, who is able to initially register the team and pay the fee?
Answer: A member of the team or their sponsoring broker should apply and pay the fee since an attestation will be required that the information submitted is true and correct.
What does “prominent” mean for advertising and display of the sponsoring broker and contact information with a team name?
Answer: The statute requires the name of and contact information of the sponsoring real estate broker to be included at a prominent location in all of the team’s advertisements. “Prominent” in this context means that the name and contact information is: easily readable in font, color and size; pronounced so that it stands out from other font and graphics; and placed in a clearly visible location within the advertisement.
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What is considered broker contact information?
Answer: A method regularly used by the public for communication that directly reaches the sponsoring broker such as an email address, phone number or web address.
If a team is registered with DCP, must they also be registered with the MLS?
Answer: You would need to check with any MLS where you participate/subscribe to determine the policy.
What is the process for dropping or adding a team member?
Answer: You’d handle that on DCP’s online website. There is a $25 fee to make a change after the initial registration. However, a team must at all times have a minimum of two members.
Is the $25 fee to make a change per licensee or per change? For example, if I add three licensees to an existing team, is the fee $25 to make all three at the same time or is it $25 per licensee who is added/removed (3 X $25)?
Answer: The $25 is per occurrence with the team roster, not per licensee.
Do all team applications have to be received by January 1, 2022?
Answer: The requirement applies when a team plans to advertise publicly. If advertisements exist on January 1, 2022, then the team would need to be registered by January 1, 2022 to be in compliance with state law.
Does the team registration form get uploaded somewhere or can it be emailed to DCP?
Answer: The entire process is online. You cannot email or mail information, it must be completed online.
An earlier FAQ noted that URLs do not need to match the team name, but do email addresses?
Answer: A URL is part of an email address, so the answer is the same. However, the word team may not be used if there is not a registered team.
I purchase give-away items (such as pens and golf tees) for marketing where there is not enough space to include the full team name and contact information. Can I still use give-aways printed with shortened versions of the information to fit in the very limited space?
Answer: No, your advertising must include the full team name in any team advertisements. Make sure that whenever your team name is listed somewhere, it is the full registered team name. Also, remember to include the name of the team's sponsoring real estate broker at a prominent location in all of the team's advertisements, including on give-away items.
There are existing purchased advertisements that cannot be edited because it is featured along with other paid advertising for many other businesses, such as restaurant placemats, local maps and shopping cart riders. How can I comply with those?
Answer: You should contact the advertising company and relay that your ad is no longer able to be used, and ask that future printing be replaced or discontinued from that non-compliant use. Keep the communication in your files.
For items that are not being distributed to the public, but instead worn by licensees, such as hats or fleece vests with limited ability to customize, can I still wear those?
Answer: Yes. However, if at any time you plan to make such items available to the public, see the response to question #8.
I have non-compliant give-aways in storage that I have not yet distributed, can I still use those until they run out? The environmentalist in me has a hard time just throwing them away.
Answer: No. See the response to question #8.
How can I answer that I’ve never had a team on the DCP registration site when I’ve advertised one for many years?
Answer: The answer should be, “no” because the state has not defined or recognized teams until passage of the statute, which is effective January 1, 2022. It would not have been possible to have a “team” as defined in state statute prior to January 1, 2022.
If a word is acceptable for team branding, is it acceptable for individual branding? Such as, “Jane Doe Homes”, where Jane Doe is a salesperson licensee who is not a team.
Answer: No, an individual cannot brand using any word that implies more than an individual. “Homes” is permitted along with the word Team for team names, but not for individual branding.
Can I use an abbreviation for my company name? Such as, using AT Real Estate for Any Town Real Estate.
Answer: No. In addition, RE cannot be used in place of the words Real Estate. You must use the full name of the sponsoring broker as the name of the sponsoring broker.
Is a team member able to continue to advertise as an individual salesperson licensee in social media and other forms of advertisement, even if separately that licensee is also part of a registered team?
Answer: Yes, a licensee can still maintain the ability to advertise as an individual, provided you follow the advertising guidelines for salesperson licensees and do not mention the team. However, if you plan to include any information about the team in social media or other advertisements, there needs to be compliance with how the team name is displayed.
Will DCP kick back or reject a team registration application that indicates use of a team name that is noncompliant? If yes, how promptly can we expect it?
Answer: Yes, DCP licensing staff will reject names that are clearly non-compliant. They do not have a timeline for how long the application review process will take right now. The bulk of the applications will be received upfront and are expected to level out over time. DCP has relayed that their staff is working diligently to get through all of the new applications received.
For the sponsoring broker to sign the team registration form, can that be done electronically?
Answer: The broker must sign the PDF form. If a sponsoring broker wants to enter in a PDF digital signature or digital image of their signature on the application form, that is acceptable.
INFORMATION COORDINATED WITH THE DEPARTMENT OF CONSUMER PROTECTION ON JANUARY 5, 2022. SUBJECT TO CHANGE AS ADDITIONAL INFORMATION IS AVAILABLE.
Last updated: January 5, 2022
INFORMATION COORDINATED WITH THE DEPARTMENT OF CONSUMER PROTECTION ON JANUARY 5, 2022. SUBJECT TO CHANGE AS ADDITIONAL INFORMATION IS AVAILABLE.
Related articles:
CTR Team Registration Resources
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