One of the greatest gifts you can give your real estate career is maintaining appropriate real estate compliance on YouTube. Not only will staying compliant on YouTube keep you safe from any legal issues, it will also help you save time and money overall, both now and in the future.
We know that YouTube works for real estate agents, but as more and more agents join the channel, we’re going to see more and more agents pushing the limits of what they can do “legally.”
Licensed professionals like attorneys, accountants, doctors, and, of course, real estate agents have additional regulations to abide by. Let’s discuss which ones you must abide by to maintain your real estate compliance and stay safe in this legal real estate world.
Let’s look at the 6 top things you need to avoid doing on YouTube as a real estate agent.
Real Estate Compliance Guidelines for YouTube
I’m speaking as someone that has been doing this since 2018, but be warned, I am not an attorney or real estate investigator. Be sure you do your own due diligence to research the laws in your state.
Just know that, as a leader on a national real estate team, I have had one on one calls with lead investigators in multiple states attempting to get clarity on a few issues. I have also helped launch hundreds of channels across all 50 states, so I have some idea of what you’ll need to know in most situations.
Real Estate Disclosures
There are certain disclosures and notices you need to disclose on all of your digital marketing. For example, the Texas Real Estate Commission requires agents to fill out the Information About Brokerage Services (IABS) and the Consumer Notice forms for clients to access. To find out about your state’s requirements, go to your state website and search for online marketing guidelines. This shouldn’t be hard as you should already be following these guidelines for your social media pages. YouTube is no different.
Registered Trademarks
In real estate, the most common mistake that will lead to a cease and desist order is using the REALTOR® name incorrectly. Some of you may say “Top Agent Realtor” in your YouTube channel name, but if your name is not adjacent to the “REALTOR®,” then you are not using the National Association of Realtor’s Mark correctly and could get in trouble.
Individual Privacy
Respect the privacy of individuals. Avoid sharing personal information without consent, including private conversations, addresses, phone numbers, or other sensitive data. This especially applies when you’re filming walking tour videos. People in their homes have an “expectation of privacy.”
If you’re in a home, it isn’t like you’re recording in a public space where people can expect they may show up if someone has a camera out. So, be careful when you’re walking around and don’t mention who lives in homes, show off addresses, or do anything else that could lead to an invasion of privacy.
Unsubstantiated Claims
Avoid making unsubstantiated claims or promises in your videos. Be cautious when discussing potential outcomes, market trends, or investment opportunities. Provide accurate, factual information and CLEARLY differentiate between your opinions and actual facts to avoid misleading viewers.
Endorsements
If you’re promoting or endorsing products, services, or brands, ensure that you clearly disclose any relationships or financial arrangements you have with those entities. Follow relevant advertising laws and guidelines, such as those of the Federal Trade Commission in the United States.
Copyright Infringement
Avoid using copyrighted content without permission. This includes using music, images, videos, or any other material that you do not have the rights to use. If you want to include copyrighted content, consider obtaining proper licenses. Otherwise, just use content that falls under fair use. This includes MLS photos—you want to be extra careful here because photographers and the MLS often run into issues. I admit, this is a gray area all the way through, so just be prudent.
If you follow these guidelines for real estate compliance, you should be able to avoid any compliance issues without trouble and maintain a strong, ultimately successful YouTube channel!