It shall be a violation of this article for any licensee or any employee or agent of a licensee to do the following:
- (a) Make, or cause to be made, any false, misleading, or deceptive advertisements or representations concerning the services that the licensee will provide to prospective tenants.
(b) Refer a property to a prospective tenant knowing or having reason to know that:
- (1) The property does not exist or is unavailable for tenancy.
- (2) The property has been described or advertised by or on behalf of the licensee in a false, misleading, or deceptive manner.
- (3) The licensee has not confirmed the availability of the property for tenancy during the four-day period immediately preceding dissemination of the listing information. However, it shall not be a violation to refer a property to a prospective tenant during a period of from five to seven days after the most recent confirmation of the availability of the property for rental if the licensee has made a good faith effort to confirm availability within the stated four-day period, and if the most recent date of confirmation of availability is set forth in the referral.
- (4) The licensee has not obtained written or oral permission to list the property from the property owner, manager, or other authorized agent.