A recent Facebook dust-up gave me the perfect excuse to set the record straight on something every California real estate licensee should already know: What we can and cannot do when it comes to posting about properties for sale on social media. Specifically, what’s legally required – and what’s just people flapping their keyboards without checking the facts.
The situation? A property owner posted a link to their home for sale on a popular Facebook group. The listing was valid and live on a major real estate site. But a local real estate licensee jumped into the comments, assuming the poster was an agent, and accused them of violating advertising laws. They also insulted the person’s intelligence and credibility in front of the entire group, which wasn’t necessary.
The main accusation? The absence of a DRE (Department of Real Estate) license number in the post. Under California law, yes, a real estate licensee is required to include their DRE number in any solicitation materials, including social media posts that advertise a specific property for sale. The law is clear on this point: “All first point of contact solicitation materials” must include the responsible broker’s identity and the license numbers of any licensees named. This comes from California Business and Professions Code §10140.6 and is enforced by the California Department of Real Estate. If the DRE number isn’t in the post itself, it must be readily accessible within one click – such as in the agent’s profile, bio or linked business page.
But here’s the crucial part that was ignored in the Facebook fracas: The person posting wasn’t a real estate agent. They were the homeowner. And, in California, property owners have every legal right to advertise their own property, including on social media, without a DRE number. They’re not held to the same requirements as licensees because they’re not soliciting business; they’re simply marketing their own asset.
Personally, I like to keep a consistent and strategic marketing plan for every listing, so I prefer my clients check in before posting. But legally? They’re well within their rights to share their own listing, link to the virtual tour or even promote an open house if they want. What they’re not doing is committing a crime.
The real issue here isn’t the legality – it’s the behavior. The agent could have asked a clarifying question. Instead, they went full-speed into keyboard-warrior mode, damaging not only their own reputation but potentially harming their client’s standing in a future negotiation. If they happened to have a buyer for that very home, they might’ve just burned the bridge they needed to cross.
So, let’s recap: the property owner was within their legal rights to share their listing. The concerns raised by the licensee, while perhaps well-intentioned, were misapplied in this case. It’s a good reminder for all of us in the industry to pause, verify the facts and approach situations with both accuracy and professionalism -especially when engaging in public forums.
If you’d like to learn more about the current local market conditions, reach out to Theresa Grant, Real Estate Broker (DRE #01202881), at Theresa@HomesInLakeArrowhead.com. You can also follow on social: Instagram, @theresagrantrealtor | YouTube: @theresagrantrealtor. Theresa is a Broker Associate with REAL Broker Technologies.
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