Real estate and property management: the numbers, the rules, the AI picture.

• Fair Housing Act, section 804(c) (42 U.S.C. 3604(c))

  The Act makes it unlawful to make, print or publish any notice, statement or advertisement for the sale or rental of a dwelling that indicates a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. The rule applies to anyone who advertises, including agents, brokers and property managers.

  What it means: Review listing text, photos, neighborhood pages, social posts and ad targeting for words or images that signal who is welcome. Describe the property and the place, not the kind of person who should live there. Keep a second person reviewing copy before it publishes, and train anyone who writes listings.

  [5] law.cornell.edu

• HUD advertising regulation, 24 CFR 100.75

  The regulation covers written and oral statements by anyone in the sale or rental business, including flyers, brochures, signs and similar materials. It lists examples of violations: words, photographs or symbols that suggest a home is open or closed to a group, telling agents you prefer or limit buyers by a protected trait, and selecting media or locations for ads that deny segments of the market information about housing. It also covers refusing to publish housing ads or charging different rates.

  What it means: Watch where and to whom you advertise, not only what you say. Do not exclude areas or groups from a campaign for reasons tied to a protected class. If you use an ad platform, choose only the housing-specific audience options it provides, and keep a record of your targeting choices.

  [6] law.cornell.edu

• Fair Housing and AI or algorithmic ad targeting (status of HUD guidance)

  HUD's Office of Fair Housing and Equal Opportunity issued guidance on April 29, 2024, applying the Fair Housing Act to housing ads delivered through digital platforms and automated systems. HUD later withdrew it. The notice, published in the Federal Register on April 6, 2026 (91 FR 17291), says the withdrawal took effect on September 17, 2025. The statute and the advertising regulation were not withdrawn. Separately, the 2022 Justice Department settlement with Meta required it to stop using its Special Ad Audience tool for housing ads, stop offering housing advertisers targeting options that directly describe or relate to protected characteristics, and build a system to reduce delivery disparities.

  What it means: Do not treat the withdrawal as permission. The law still bars discriminatory advertising, whether the cause is a person or an algorithm. Use the platform tools built for housing ads, avoid lookalike or interest targeting that serves as a proxy for protected traits, and check who actually sees your ads. Keep records.

  [7] federalregister.gov

• NAR Code of Ethics, Article 12 and Standards of Practice 12-1 to 12-13

  REALTORS must be honest and truthful in their communications, present a true picture in advertising and make their status as real estate professionals readily apparent. Standards of Practice bar saying brokerage services are free unless the REALTOR receives no compensation from any source (12-1), require the firm name in ads (12-5), require current website information with prompt correction (12-8), require the firm name and state of licensure on websites (12-9), and bar deceptive framing, misleading metatags or domain names, and unattributed content (12-10 and 12-12). Credentials may be shown only if legitimately held (12-13). Only the listing or cooperating broker in the transaction may claim to have sold the property (12-7).

  What it means: Put the firm name and your state on every page and ad. Do not claim your services are free to buyers. Do not claim sales you did not close, and do not use a domain name that implies something you are not. Keep listing pages current, and remove sold or withdrawn listings promptly. The Code binds REALTOR members, but it is a good standard for any agent.

  [8] nar.realtor

• NAR settlement practice changes (effective August 17, 2024) and advertising compensation

  NAR states that, effective August 17, 2024, MLS Participants are prohibited from communicating any offer of compensation through an MLS, and the listing side must disclose in writing and in advance to the seller any offer or payment to a buyer's broker, with seller approval. Offers of compensation remain allowed outside the MLS when agreed by the consumer and broker. NAR's page lists examples of off-MLS communication such as the broker's website, signs, flyers and social media posts. A buyer broker may not accept compensation above the amount agreed with the buyer.

  What it means: Do not publish buyer-agent compensation in MLS fields. Explain how you are paid in plain words on your site and in your buyer consultation. Have your broker and an attorney approve any ad that mentions compensation, because the rules differ by MLS, state and the terms of any local agreement. This page does not cover written buyer agreement terms, which vary.

  [9] nar.realtor

• State real estate commission advertising and license rules (Florida as an example)

  Each state commission sets its own rules. Florida requires that all real estate advertisements include the licensed name of the brokerage firm, that internet ads place the firm name next to or directly above or below contact information, and that a licensee who uses a personal name uses at least the last name as registered. Team names may include team or group but may not include words such as realty, real estate, properties, brokerage or company, or similar words suggesting a separate brokerage. California requires the licensee to show a license number on solicitation materials meant as a first point of contact, according to a law-firm summary of Business and Professions Code section 10140.6.

  What it means: Find your commission's advertising rule and apply it to every page, social profile, sign, video and email signature. Show the brokerage name and license number where your state requires. Register team names if the state demands it. Your managing broker is usually responsible for your ads, so route changes through them.

  [10] law.cornell.edu

• RESPA Section 8 and marketing arrangements (12 CFR 1024.14)

  Under Regulation X, no one may give or accept a fee, kickback or other thing of value under an agreement or understanding to refer settlement-service business tied to a federally related mortgage loan. A thing of value includes more than cash: discounts, credits, services at special rates and paid trips. An agreement can be inferred from a pattern of conduct. Payments for services actually performed are allowed. Normal promotional and educational activities are permitted only if they are not conditioned on referrals and do not cover expenses the referral source would otherwise incur.

  What it means: Do not take, or give, payment, free marketing, or co-branded ad costs from lenders, title companies or inspectors in exchange for referrals. A co-marketing deal is safe only when each side pays its fair share for what it uses. After the CFPB rescinded its 2015 marketing services agreements bulletin in October 2020, it said that rescission does not make such agreements presumptively legal. Have counsel review any lender or title partnership.

  [11] law.cornell.edu

• Telephone Consumer Protection Act and FCC rules, 47 CFR 64.1200 (lead follow-up)

  Autodialed or prerecorded calls and texts that advertise or telemarket to mobile numbers require the prior express written consent of the called party, which is a signed agreement that includes the telephone number. Consent can be revoked by any reasonable method and must be honored within a reasonable time not to exceed ten business days. Telephone solicitations to residential numbers are barred before 8 a.m. and after 9 p.m. local time, and to numbers on the National Do Not Call Registry. In January 2025 the Eleventh Circuit vacated the FCC rule that would have limited consent to one identified seller.

  What it means: Put a clear consent checkbox, with the number and message types, on every lead form, and store the record. Do not buy a list and text it. Honor STOP at once. Check the registry before cold-calling expired or for-sale-by-owner leads. A portal lead form may not give you consent to text, so check what the form actually says.

  [12] law.cornell.edu

• CAN-SPAM Act and the FTC Consumer Reviews and Testimonials Rule (16 CFR Part 465)

  CAN-SPAM requires accurate headers, honest subject lines, a clear ad disclosure, a valid postal address and a working opt-out honored within 10 business days, with penalties up to $53,088 per violating email. The FTC reviews rule, effective October 21, 2024, bans writing, buying or selling fake reviews and testimonials, bars incentives that depend on a positive sentiment, requires disclosure of insider reviews from employees or relatives, and bars review suppression through intimidation or unfounded legal threats.

  What it means: Put your address and a one-click unsubscribe on every newsletter. Ask all clients for reviews the same way, offer no reward tied to a good rating, and do not have staff or family post reviews without disclosure. Do not threaten past clients over a review. Testimonials on your site must reflect real clients.

  [13] ftc.gov

This is general information, not legal advice. Real estate advertising rules differ by state, province and country, and they change. Check your state real estate commission, your managing broker, your MLS rules and a qualified real estate attorney before you publish ads, send lead follow-up or sign a marketing agreement with a lender or title company.