e021002 Can an inspector advertise through a medium owned by a real estate agent?

Identifier: e021002

Date: 12/17/2002

Question

Is it a Code of Ethics violation for an inspector to pay for advertising on a privately owned moving truck when the owner is also a realty agent and advertises his own business along with several other businesses such as a pizza shop, a sub shop, a bank, a mortgage broker, etc. The agreement to advertise would be with the owner of the truck (as an individual), not as a representative of the real estate company.      

Response

The Code of Ethics allows advertising. However, any advertisement, regardless of who owns or controls the advertising media, would be a violation if it is deceptive or if it involves referrals or endorsements by an entity that has conflicting interests with home inspectors' clients, such as a realty agent. 

Also, any advertisement, regardless of who owns or controls the advertising media, would be a violation if it involves paying for an "approved" or "preferred" listing or involves any quid pro quo between the home inspector and an entity that has conflicting interests with home inspectors' clients, such as a realty agent. Whether or not such violations exist in this instance is not clear from the question.