Are You Following LPEPH Advertising Rules? Mistakes That Could Cost You

Introduction: Before You Hit "Post"

Property marketing has changed significantly over the past decade.

Facebook, Instagram, TikTok, and property portals have made it easier than ever for RENs to promote listings directly to potential buyers. A well-crafted post can generate enquiries within hours. A short video can reach thousands of people without any advertising spend.

This accessibility has been a positive development for the industry. It has also introduced a new area of compliance risk.

Digital advertising remains subject to LPEPH requirements. The platform does not alter the regulatory character of the activity. A property advertisement on TikTok is subject to the same standards as a listing on a property portal or a classified in a newspaper.

The difficulty is that many advertising mistakes are not obvious at the point of publication. A missing detail, an inaccurate figure, or an unsubstantiated claim may go unnoticed until a complaint is made. By then, the advertisement has been published, shared, and possibly reported.

The mistakes that follow are drawn from patterns observed in practice and in published disciplinary decisions. They are not unusual errors. They are common ones, and they are avoidable.

Mistake #1: Missing Agency and REN Details

This is the most common mistake, and arguably the most easily avoided.

Property advertisements are required to include certain information. This includes the registered estate agency firm and the REN's registration number. The correct professional designation should also be displayed.

Many RENs omit these details from social media posts. The assumption appears to be that because the post is informal, the requirements are relaxed. They are not.

A Facebook post promoting a listing is an advertisement. An Instagram Story featuring a property is an advertisement. A TikTok video showcasing a unit is an advertisement. Each one is subject to the same requirements regarding identification.

The practical test is simple. If a member of the public sees the advertisement, can they identify which registered firm is behind it and verify the REN's credentials? If the answer is no, the advertisement is incomplete.

Published disciplinary decisions have addressed this issue. Cases have involved advertisements published without proper agency identification, or with designations that misrepresented the REN's status. The sanctions imposed reflect the seriousness with which the Board treats these requirements.

The remedy is straightforward. Include the agency name and REN number in every property advertisement. Use the correct designation. Do not assume that digital formats are exempt. They are not.

Mistake #2: Incorrect Prices or Property Details

Accuracy is a fundamental requirement of property advertising.

This applies to the asking price and to the property details. Size, layout, tenure, furnishings, and other material particulars should be presented accurately.

A common issue involves pricing strategies designed to generate enquiries. Advertisements that use "starting from" pricing, or that present a deliberately attractive figure that does not reflect the actual asking price, can create problems.

The intention may be to attract interest. The effect is often to mislead. A buyer who responds to an advertised price and then discovers the actual price is higher will feel deceived. That feeling may lead to a complaint.

Another recurring issue involves property details that are not verified before publication. A REN may copy details from a previous listing, or rely on information provided verbally, without confirming accuracy. If the details are wrong, the advertisement is misleading.

The practical approach is to check key details with the client before publishing. Confirm the price, the size, the features, and any other material information. Keep records of client instructions and approved information. If a question arises later, documentation will demonstrate that you took reasonable steps to ensure accuracy.

Mistake #3: Making Claims You Can't Back Up

Marketing language is part of the job. However, there is a difference between normal promotional language and claims that could be considered misleading.

Common examples include:

• "Below market value"

• "Best price in the area"

• "Guaranteed return"

• "Fastest sale"

• "Sure buyer waiting"

These phrases are used frequently in property marketing. Some are harmless. Others are problematic.

The issue is substantiation. If you claim a property is "below market value," you should be able to demonstrate that it is. If you claim a "guaranteed return," you need to be able to support that claim. If you cannot, the claim may be considered misleading.

Published disciplinary cases have involved advertisements containing claims that could not be substantiated. The Board has taken action where representations were found to be misleading or unsupported.

The practical approach is to consider whether you can back up what you are saying. Normal marketing language such as "well-maintained" or "spacious layout" is generally acceptable. Claims about investment returns, guaranteed outcomes, or comparative value require evidence.

If you are unsure whether a claim is acceptable, err on the side of caution. A slightly less punchy advertisement is preferable to a compliance problem.

Mistake #4: Misrepresenting Who You Are

The correct use of REN designation is a specific requirement.

A REN is a negotiator. A REN is not a registered estate agent. A REN is not a developer. A REN is not a lawyer or a financial advisor.

These distinctions matter. Presenting yourself as something you are not can mislead the public and may constitute a compliance breach.

Some RENs use personal branding that blurs the line between negotiator and agent. They may describe themselves as "property agents" without qualification, or use titles that imply a status they do not hold. This creates confusion about their professional standing and their relationship with the registered firm.

LPEPH requirements relating to designations are specific. The correct designation should be used in all professional communications, including advertisements, business cards, and social media profiles.

Personal branding is not prohibited. A REN can build a strong personal presence online. However, that presence should not create confusion about the REN's professional status or the agency relationship.

The practical approach is to review your profiles and your advertisements. Ensure that your designation is correct. Ensure that the agency relationship is clear. If a member of the public could be confused about your status, the presentation needs adjustment.

Mistake #5: Treating Social Media Differently

There is a persistent assumption that social media operates outside the regulatory framework.

This assumption is incorrect.

Advertising rules apply across digital platforms. Property videos, livestreams, Stories, and reposts can all contain advertising information. If they do, they are subject to the same requirements.

A Facebook Live property tour is an advertisement. A TikTok video showcasing a unit is an advertisement. An Instagram Story promoting an open house is an advertisement. The format does not change the regulatory character.

Two particular issues arise in the social media context.

The first is outdated listings. RENs often repost content or leave old listings active after a property has been sold or withdrawn. A stale advertisement is not just untidy. It is a compliance issue waiting to happen. If a buyer responds to an advertisement for a property that is no longer available, that creates a problem.

The second is agency approval. Many firms have internal procedures for reviewing advertising content before publication. These procedures exist for a reason. They ensure that advertisements meet regulatory requirements and reflect the firm's standards. RENs who bypass these procedures, even unintentionally, create risk for themselves and for the firm.

The practical approach is to apply the same standards to social media as to any other advertising channel. Check the content before posting. Update or remove listings when they are no longer current. Follow the agency's approval process where applicable.

Before You Post: A Quick Compliance Check

The following checklist can help RENs verify that an advertisement meets the necessary requirements before publication.

Property price and details.

• Is the asking price accurate?

• Are the property details correct?

• Have key details been confirmed with the client?

Agency and REN information.

• Is the agency name included?

• Is the REN registration number included?

• Is the correct designation used?

Marketing claims.

• Are any claims made that cannot be substantiated?

• Is the language potentially misleading?

Client and agency authorisation.

• Do you have authority to market the property?

• Has the advertisement been approved in accordance with the firm's procedures?

Final creative.

• Review the advertisement as a whole.

• Would a reasonable person understand who is advertising and what is being offered?

This check takes only a few minutes. It substantially reduces the risk of a compliance issue.

Conclusion: A Lead Isn't Worth a Compliance Problem

Good marketing and compliance can work together. Compliance does not weaken an advertisement—it helps build credibility and ensures that marketing is conducted professionally.

RENs should make compliance part of their marketing routine: review listings before posting, verify key details, include the required information and keep up with current LPEPH requirements rather than relying on outdated templates or what others are doing.

A lead is not worth a compliance problem. Post with confidence, but post with care.