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Q: I recently switched brokerage firms, and I would like to advertise properties that I listed and sold while at my previous firm. Can I do that?
A: Article 12, Standard of Practice 12-7 of the Code of Ethics states, “Only REALTORS® who participated in the transaction as the listing broker or cooperating broker (selling broker) may claim to have “sold” the property.” (Emphases added.) Additionally, Virginia Real Estate Board Regulations state that all advertising must be in the name of the firm. (18VAC135-20-190.B.)
Even though you may have been the agent that worked on the prior sale, only the brokerage firm that listed the property or represented the buyer in that transaction may advertise they sold the property. If you were to advertise that you sold the property, you would have to make that advertisement under your new firm name, which would be a misrepresentation because your new firm did not participate in that transaction.
Your old firm could still advertise it sold the property, and with authority from your new broker and the proper disclosures, there could be a way to provide you with credit as the agent that participated in that prior sale. However, both brokers would have to agree to such an advertisement, and the disclosures would need to be clear that the old firm sold the property, and you are now an agent with the new firm.
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