A polished Instagram house tour may look like straightforward content creation. But depending on the arrangement behind it, the person presenting the property could be conducting regulated real estate business.
That was the warning from Dr Tina Beale, Principal of the Real Estate Training Institute, during Taking Stock’s November 3 discussion on social media property advertising.
Beale said the distinction depends on what the creator actually does, whose behalf they act on, and whether they receive payment or another benefit. Simply describing a service as marketing does not settle the question.
At the same time, she stressed that the Real Estate Board cannot determine whether someone is conducting real estate business merely by looking at an advertisement. The underlying relationship and activities require investigation.
Where does advertising become real estate business?
Host Kalilah Enriquez Reynolds challenged the distinction between a creator being paid to produce a property video and a newspaper or television station being paid to carry an advertisement.
Beale explained that selling advertising space differs from acting on an owner’s behalf in a property transaction. However, determining where a particular service falls requires examining the contract and the work performed.
Activities such as conducting viewings and soliciting prospective customers could be relevant, she said. Payment need not take the form of a sales commission; other compensation or benefits may also matter.
When Reynolds described a creator producing a paid property tour and directing interested viewers to the licensed agent, Beale said that arrangement could fall within the legislation’s broad definition of real estate business.
Her explanation highlighted a difficult boundary for creators and property professionals: the person making the video may consider themselves an advertiser, while the regulator may view their wider involvement differently.
A disclaimer does not settle the issue
Beale also cautioned against assuming that a disclaimer automatically places a creator outside the licensing requirements.
The Board would examine the evidence to establish whether the activities fall within the Real Estate (Dealers and Developers) Act, she explained.
Jamaica’s existing advertising standards require property professionals to comply with the Act and regulations, provide accurate information and identify the professionals involved.
Reynolds argued during the discussion that legislation drafted before modern social media needs updating to address how property promotion now works.
Beale acknowledged the ambiguity emerging as new platforms and business models meet an older regulatory framework, while emphasising the need to protect consumers from fraudulent operators.
Check the person behind the listing
For buyers and renters, Beale’s clearest advice was to verify who they are dealing with before proceeding.
She urged viewers to check names and licence numbers against the Real Estate Board’s public register, rather than relying on a familiar name or professional-looking social media account. Consumers can also contact the Board directly.
Beale warned against paying someone merely to view a property. She also advised caution where an advertised price appears too good to be true.
The discussion underscored the need for consumers to look beyond attractive footage—and for creators to understand the regulatory implications of the services they offer.
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