Make sure your posts are morally sound, follow copyright and advertising laws, and appropriately use the REALTOR® marks.

Social media posts could put you in legal hot water if you're not careful.

According to Chloe Hecht, senior counsel at the National Association of REALTORS®, in the organization's most recent "Window to the Law" video, "Social media is a powerful marketing tool for real estate professionals, enabling them to showcase their expertise, reach a wider audience, and engage with both potential and current clients." However, using social media has its own legal hazards, just like using most other business tools.

According to NAR's 2024 Technology Surveypdf, 52% of agents and brokers believe social media was their primary strategy for getting quality leads over the last 12 months, thus real estate professionals would be advised to pay attention to social media best practices.

Hecht outlines several social media best practices for real estate agents in the video, such as:

Make proper use of the REALTOR® trademark. The term "REALTOR®" can only be used by NAR members. The real estate industry as a whole should not be referred to by the trademark. According to Hecht, the REALTOR® symbol can only stand next to a member's name in social media accounts (for example, @janerealtor but not @janetherealtor). Additionally, the REALTOR® mark cannot be used with descriptive language; for instance, "Top Chicago REALTORS®" or "Professional REALTORS®" are inappropriate uses of the mark. Refer to NAR's Membership Marks Manualpdf for further trademark usage advice.

Be mindful of the pictures you upload. Hecht says, "Although it could be tempting to share an image or other piece of content you came across online on your social media accounts, you should always get written consent before using any content from third parties." If you use a copyrighted work without permission, you could be subject to severe penalties, up to $150,000 per infringement.

Respect advertising regulations. Verify that your social media ads abide by all applicable local, state, and federal regulations. The Federal Trade Commission Act, for instance, forbids unfair and dishonest business activities. According to Hecht, this implies that any endorsements or testimonies, for instance, must be accurate and not deceptive. She adds that "real estate licensees are generally required by state laws to include their license information and brokerage name in all advertisements."

Be moral. Agents who are REALTORS® are required to give "a true picture in their advertising, marketing, and other representations," according to Article 12 of the REALTOR® Code of Ethics. Those that show up on social media are included in that. According to Hecht, "members should refrain from posting listing photos or other inaccurate content, including manipulated photos." Additionally, before promoting any third-party listings on their social media accounts, members must have the listing firm's consent.