1. (1) Any form of advertising by a licensee, either directly or indirectly, must include:

   1. (a) a truthful, accurate, and detailed description of the real property or service advertised;
   2. (b) the licensee's name; and
   3. (c) a statement that the advertisement is made by the licensee or a brokerage company. In an internet advertisement, a link to this information may be used.

2. (2) In internet advertising, licensee identification:

   1. (a) must be visible in a multimedia advertising message (web-based, executable e-mail, attachments, etc.);
   2. (b) must be shown in banner ads or a link provided to a web page with licensee identification; and
   3. (c) is not necessary in instant or audible messaging if provided via another format prior to providing or offering to provide licensable services.

3. (3) Internet advertising may include real properties where neither the licensee nor the brokerage company is the listing agent, if the listing agent and the property owners have consented.

   1. (a) The offer of cooperation and consent to internet advertising may arise pursuant to the rules and regulations of a multiple listing service in which the listing agent and the licensee are both participating (provided the multiple listing system allows listing agents to prohibit internet advertising of some or all of their listings by some or all of the participants on that multiple listing system) or by specific written agreement between them.
   2. (b) The owner's consent may be included in the listing agreement and need not identify the specific licensee to whom consent to Internet advertising is given.
   3. (c) Licensees' internet advertising must advise that the property is listed with another licensee or brokerage company and identify the listing agent or brokerage company.
   4. (d) The content of any property data obtained from another listing agent or multiple listing system may not be changed in whole or in part. Such property data may be formatted differently, be condensed, and further advertised if the advertisement contains the following or similar language: "The foregoing material was abstracted from another source and does not contain all of the information available at the source site. Please request further information when considering this property."

Authorizing statute(s): 37-1-131, 37-51-203, MCA

Implementing statute(s): 37-1-131, 37-51-102, 37-51-103, 37-51-301, 37-51-321, MCA

History: NEW, 2025 MAR, Notice No. 2025-125, Eff. 8/23/25.