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When it comes to the legal aspects of real estate marketing and the online space, things can quickly get murky.
Different social media platforms have different guidelines, while consumer and privacy laws mean agencies can swiftly find themselves into hot water for who they market to, the comments on their pages, the terms of any competitions and more.
In this Elevate podcast, O*NO Legal founding director Kristen Porter steps through all the potential legal risks of social media and online marketing, and offers key strategies for how agencies can address them.
From who owns an agent’s social media account to the clauses you should have in place when working with content creators, Kristen taps into a wealth of both legal and marketing knowledge to guide agents through the legal minefield of the online space.
It’s an episode packed full of great advice including insight into the risks of buying marketing lists, how to seek and manage online reviews without falling foul of the law, what to have in place when you host a competition, and even the simple things like the defamation risk associated with third-party comments on your social pages.
No matter the size of your agency or the breadth of your expertise in social media marketing, this podcast has a host of essential takeaways that every agent should be aware of.
And as Kristen explains, it’s a playing field that constantly shifts.
“One of the things that has changed recently, and I don’t think it’s well-known out there, is if data harvesting or data scraping software has been used to create a marketing list, you cannot now use that under the spam laws to direct market to people. I know a lot of people do use that scraping software, or they do buy lists, especially to send out ads. You can’t do that anymore.” Kristen Porter
Samantha McLean and Kristen also discuss:
- What you should and shouldn’t post on social media and the common legal pitfalls to avoid.
- Why it’s important to understand you don’t own your social media accounts, and what you can do to protect the following you establish there.
- How to ensure the competitions you run online don’t breach the law, and what you need to consider when it comes to terms and conditions.
- What to have in place when you outsource your social media marketing or content creation to contractors, including the single-line clause that can help you avoid a whole world of grief.
- Why it’s risky to offer incentives for reviews, and how you can avoid an unwelcome visit from the ACCC.
- What happens with an agent’s social media account when they shift from one agency to another.
- How to manage comments on your social media accounts to ensure you don’t run the risk of defamation.
- What to be mindful about when it comes to reviews, including how to handle negative reviews that don’t paint your business in the best light.
- The legal implications of running paid or sponsored content and why agents who are influencers should be particularly careful.
And much, much more…
Links and resources mentioned
- Australian Competition and Consumer Commission (ACCC)
- The Spam Act
- O*NO Legal
- How competitions could land your business in hot water
Kristen Porter on Elite Agent
- How to start your own agency without tripping over
- Would your real estate contractor pass the test?
- Things to consider when buying or selling a rent roll
- One simple step to take today to future proof your agency
- Five critical questions to ask when going into business with others
- To jab or not to jab, that is the question
- Is offering ownership in your agency the right call?
- The biggest Privacy Act mistake you need to avoid
Connect with Kristen
