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When Your Rental Ad Becomes False Advertising
If you advertised a property for rent (e.g., on Craigslist or Facebook Marketplace), and your ad is still listed long after you rented it out, you could receive a penalty for false or misleading advertising.
We’ve seen a number of rental listings that are still listed as ‘available’ on Craigslist and Facebook Marketplace, long after the properties have been occupied. This is not allowed under the Real Estate Services Rules (”Rules”) and the licensee risks a fine or suspension by failing to remove it.
Under Section 41 of the Rules (‘False or Misleading Advertising Prohibited’), a licensee must not publish real estate advertising that the licensee knows, or reasonably ought to know, contains a false or misleading statement or misrepresentation concerning real estate, a trade in real estate or the provision of real estate services.
A simple rule of thumb: after you and the tenant have signed the rental agreement and you have received their damage deposit, remove all your ads by the following business day.
Learn more about what constitutes false or misleading advertising:
