Direct Mailings: Real Estate Licensee Disclosure

[Matthew B.]

I am a real estate licensee in the State of Florida. My question has to do with disclosure of my licensee status when doing direct mailings such as yellow letters. As far as I know (I'm going to ask my Broker to be sure), the Florida Real Estate Commission requires disclosure of both the licensees last name and the brokerage on all marketing and advertising. The direct mailings I want to do are for me to purchase as an investor. I could also offer to list the properties I didn't want to purchase myself. I feel like the disclosure rule will reduce the effectiveness of my campaign, not to mention show the crazies out there exactly where to find me. I do purchase properties with my parents. We have an LLC with 50/50 ownership. I thought about sending the mailings with my parents names, but I would be the one taking the calls, so I don't think that would work. Does anyone have a similar situation or experience with this? I feel like there is a creative way to do this both legally and effectively.

[Wayne Brooks]

Matthew, you can call the free legal hotline. But, if you are marketing as a Principal, not as an agent, you have to disclose "prior to substantive negotiations" not at first contact, but also not simply prior to contract execution.