Website Compliance and Legal Disclaimer
Legal Disclaimer: Clearly display a legal disclaimer stating that the website aims to comply with New York State real estate laws and regulations. Mention that information provided is for educational purposes and not legal advice.
Fair Housing Statement: Include a statement committing to the New York State and federal Fair Housing Acts, prohibiting discrimination in the sale, rental, and financing of dwellings.
Data Protection and Privacy
Privacy Policy: Draft and display a comprehensive privacy policy detailing the collection, use, and protection of user data in compliance with New York State’s SHIELD Act and other relevant privacy laws.
Privacy Policy: Draft and display a comprehensive privacy policy detailing the collection, use, and protection of user data in compliance with New York State’s SHIELD Act and other relevant privacy laws.
User Consent: Implement mechanisms to obtain user consent before collecting any personal information.
User Interaction and Accessibility
Accessibility Compliance: Ensure the website is accessible to individuals with disabilities, following the Web Content Accessibility Guidelines (WCAG).
Contact Information: Provide clear contact information for the brokerage for inquiries, support, or complaints.
Interactive Features: If the website offers interactive features (e.g., chatbots, forums), include guidelines and moderation policies to ensure respectful and legal interactions.
Property Listings and Representations
Accurate Information: Ensure all property listings on the website provide accurate and up-to-date information. Regularly review listings for accuracy.
Disclosures: Include necessary disclosures for each listing as required by New York State law, such as lead paint disclosures for properties built before 1978.
Representation Agreement: Confirm that a valid representation agreement exists for each property listed and that the agreement authorizes online listings.
Advertising and Marketing
Compliance with Regulations: Adhere to New York State laws and regulations regarding real estate advertising, including clear identification of the brokerage’s name and the licensed real estate agent responsible for the advertisement.
No Misleading Information: Ensure all marketing and advertising materials are free from misleading statements or claims about properties.
Compliance with Real Estate Brokerage Laws
License Display: Display the brokerage’s New York State real estate broker license prominently on the website.
Professional Conduct: Adhere to the New York State Code of Ethics and Standards of Practice for real estate professionals.
Training and Oversight
Staff Training: Regularly train staff and agents on compliance with New York State laws relevant to real estate brokerage operations and website management.
Regular Audits: Conduct regular audits of the website and its operations to ensure ongoing compliance with New York State laws and regulations.
