Advertising properties not located in Alberta
Purpose: This bulletin clarifies licensing requirements and advertising rules for individuals who come to Alberta or carry out advertising in Alberta for properties that are for sale outside of Alberta.
This bulletin applies to anyone who comes to Alberta to advertise properties for sale that are not located in Alberta.
Individuals require a licence from the Real Estate Council of Alberta (RECA) to trade in real estate in Alberta.
What is a “trade in real estate”?
A trade in real estate includes:
- a purchase or sale of real estate
- an offer to purchase or sell real estate
- an offering, advertisement or listing of real estate for purchase or sale
- the showing of real estate for the purpose of purchase or sale
- property management
- holding oneself out as trading in real estate
- the solicitation, negotiation or obtaining of a contract, agreement or any arrangement for an activity referred to in the bullets above
- collecting money payable as rent or condominium fees on behalf of the owner or other person in charge of real estate,
- any conduct or act to advance an activity referred to in the above bullets
Trading in real estate includes advertising property for sale on behalf of an owner. Any individual, company or organization advertising property in Alberta on behalf of the owner requires a licence even if the property is located outside Alberta.
What licensing exemptions exist?
You don’t need a licence to trade in real estate in Alberta if you are:
- a developer or a developer’s employee and you are advertising properties or projects the developer owns
- advertising time share opportunities where there is no direct ownership sold
- advertising property to attract tourists, but not for the purpose of sale
- advertising your services as a real estate industry professional in a jurisdiction outside of Alberta, but the ads don’t refer to a particular property or group of properties
What can I do if I don’t want to get a licence in Alberta but want to advertise there?
If you want to advertise real estate in Alberta and aren’t licensed in Alberta, you need to develop a relationship or agreement with a licensed Alberta real estate brokerage. That brokerage would need to be included in all of your advertising. Additionally, that Alberta real estate brokerage will be the point of contact for any potential buyer clients in Alberta. If conducting/attending in-person marketing (trade shows, etc.), the licensed Alberta real estate brokerage should be clearly visible in your booth and presentations, and clearly indicated on all promotional materials.
- Advertising – Clearly Indicated
- Holding Oneself Out
- Trading in Real Estate as a Real Estate Broker
- Trading in Real Estate – Jurisdiction and the Real Estate Act