A first contact must identify the licensee and the responsible broker
Licensee name
Use the name of the broker, salesperson, or broker associate shown in the solicitation
Eight-digit DRE ID
Include the license number of every licensee whose name appears
Broker name
Show the responsible broker's name as currently licensed
Readable size
In writing, the DRE number cannot be smaller than the smallest type used
California first-point-of-contact solicitation material for licensed real estate activity must disclose the named licensee's name, eight-digit DRE license identification number, and responsible broker's name as currently licensed. The responsible broker's license number is generally optional. If the licensee acts as a mortgage loan originator, the licensee's NMLS unique identifier is also required.
DRE RE 559, License Disclosure Requirements for AdvertisingFirst point of contact describes the material's job
01
Licensed service
The broker or salesperson is engaging in or soliciting activity for which a real estate license or MLO endorsement is required.
02
Relationship-building purpose
The material is designed to create a professional relationship or entice the consumer to contact the licensee about licensed service.
03
Specified material or channel
Section 10140.6 and Regulation 2773 cover the listed physical, digital, broadcast, print, sign, and purchase-agreement contexts.
The rule is not limited to the literal first message ever exchanged with one person. It governs solicitation material intended to function as the first point of contact with consumers.
Put the correct identity beside each field
| Field | Ordinary requirement | Common confusion |
|---|---|---|
| Soliciting licensee name | Required | A team brand or logo does not replace the person whose name is used |
| Soliciting licensee DRE ID | Required eight-digit number | Use each named licensee's number, not just the office number |
| Responsible broker name | Required as currently licensed | A team name and a salesperson-owned fictitious business name are not the statutory broker identity |
| Responsible broker DRE ID | May be included but generally is not required by Regulation 2773 | Do not substitute it for the required number of a named salesperson or broker associate |
| NMLS unique identifier | Required when the licensee acts as a mortgage loan originator | A DRE number and an NMLS ID serve different licensing systems |
| License designation | A separate requirement for covered advertising under section 10140.6(a) | A number alone does not necessarily disclose licensed status |
Responsible broker identity means the licensed name
Business and Professions Code section 10015.4 defines the identity as the name under which the responsible broker is currently licensed and conducts business, or that name plus the associated DRE number. It excludes a salesperson-owned fictitious business name and a team name.
Regulation 2773 reaches physical, digital, broadcast, and sign channels
| Material | Status | How to analyze it |
|---|---|---|
| Business card or stationery | Included | Use the named licensee's name, eight-digit DRE ID, and responsible broker's currently licensed name |
| Licensee-controlled website | Included | The site is expressly listed when owned, controlled, or maintained by the soliciting licensee |
| Flyer, brochure, leaflet, or postal mail | Included | Covered when designed to create a professional relationship or entice contact about licensed service |
| Internet or email advertisement | Included | Electronic media is covered when the licensee purchases or directly places it, controls presentation, and enables direct contact |
| Radio, cinema, television, or streaming ad | Included | The opening section of streaming audio or video is specifically within the electronic-media list |
| Newspaper or periodical ad | Included | Print advertising is expressly listed |
| For-sale, rent, lease, open-house, or directional sign | Conditional | Disclosures apply when it displays a licensee name; a narrow no-number exception applies when it is unbranded or identifies only the responsible broker |
| Real property purchase agreement | Required by statute | Section 10140.6 separately requires the licensee identity information when acting in a licensed capacity |
For an electronic ad, ask who controls, places, and adopts it
Placed
Did the licensee purchase or directly place the advertisement on the platform?
Controlled
Does the licensee control its content and visual presentation?
Contactable
Does it contain information intended to let consumers contact the licensee directly?
Regulation 2773 excludes platform content whose presentation is controlled by another party, unless the licensee later adopts that content and presentation by distributing or forwarding it to a consumer. A repost or forwarded asset can therefore change the analysis. A brokerage-controlled website is separately listed.
Email, direct digital ads, and other electronic solicitations designed to prompt contact should be built with the required identity in the asset, not added only after the consumer responds.
The sign exception is narrow
No licensee branding
No license identification number is required when the specified sign has no name, trademark, or other branding of a real estate licensee.
Broker only
No license identification number is required when the only licensee identified is the responsible broker as section 10015.4 defines that identity.
Associate named or branded
Once the sign displays a salesperson or broker associate name, apply the named-licensee ID and responsible-broker requirements.
The exception applies to for-sale, for-rent, for-lease, open-house, and directional signs. It is not a general permission to remove identity from flyers, websites, business cards, or direct advertisements.
A compliant layout answers four questions without hunting
Illustrative ordinary salesperson ad
Jordan Lee, Real Estate Agent
DRE #01234567
Coastal Example Realty
The number shown is fictional. Verify actual names, affiliations, and numbers in DRE's public license record before publication.
Who is soliciting?
Jordan Lee
Are licensed acts being offered?
Real Estate Agent
Which DRE record identifies the licensee?
DRE #01234567
Who is the responsible broker?
Coastal Example Realty
Readable does not mean tiny
For written first-point material, Regulation 2773 says the license identification number cannot be smaller than the smallest type used in the solicitation. The rule sets a floor, not permission to hide every required identity in low-contrast fine print.
Passing the identity test does not finish the advertising review
| Layer | Question | Why it remains separate |
|---|---|---|
| Truthful content | No substantial misrepresentation, false promise, or deceptive practice | A perfectly formatted false ad still violates the law |
| License designation | For covered newspaper, periodical, and mail matter, disclose that the advertiser performs licensed acts | Terms such as broker or agent can satisfy Regulation 2770.1 |
| First-point identity | Named licensee, eight-digit DRE ID, and responsible broker's currently licensed name | The broker's DRE number is generally optional in the ordinary first-point layout |
| Subject-specific rules | Apply any additional mortgage, fair-housing, team-name, FBN, or altered-image requirement | Section 10140.6 is a floor, not the whole advertising code |
Check the licensee and broker identification on each advertising channel. Covered digitally altered property images also require the applicable 2026 disclosure and access to the original image. Ask the responsible broker to review the final material and retain the approved version.
DRE RE 27, Real Estate Advertising GuidelinesEight first-point-of-contact mistakes
Showing the salesperson's name but only the broker's DRE number
Using a team name or salesperson-owned FBN as the responsible broker identity
Leaving one named licensee's number off a multi-licensee solicitation
Treating email, streaming media, or a controlled website as exempt because it is digital
Forwarding third-party platform content without reviewing the adopted presentation
Shrinking the DRE ID below the smallest written type
Applying the broker-only sign exception to a sign that also names an associate
Passing the identity check while leaving false claims or another subject-specific violation in the ad
DRE's December 2025 citation update expressly lists improper or missing license disclosure in first-point materials. Identity is therefore an active compliance issue, not a historical exam footnote.
DRE, Cite and Fine Program update, December 11, 2025Place first-point identity inside the complete Practice area
Check the person, number, broker, and channel
Then test truthfulness, licensed-status designation, and every subject-specific rule that the ad triggers.
Practice advertising scenariosFrequently asked questions
What must appear in California first-point-of-contact real estate advertising?
For licensed activity, include the soliciting licensee's name, eight-digit DRE license identification number, and responsible broker's name as currently licensed. Include the licensee's NMLS unique identifier when acting as a mortgage loan originator. Other advertising rules may add separate requirements.
Is the responsible broker's DRE number required in a first-point ad?
Regulation 2773 requires the responsible broker's name as currently licensed and says the broker's DRE number may also be included but is not required in the ordinary layout. The named salesperson's or broker associate's own DRE number remains required and cannot be replaced by the broker's number.
What is responsible broker identity in California advertising?
It is the name under which the responsible broker is currently licensed by DRE and conducts business, or that name plus the associated license number. The statutory definition excludes a salesperson-owned fictitious business name and a team name, so either brand alone is insufficient.
How large must a DRE license number be in advertising?
When first-point advertising is written, Regulation 2773 says the license identification number must be no smaller than the smallest type used in the solicitation material. Separate conspicuousness and prominence rules can apply to team names, fictitious business names, and other disclosures.
Which materials count as first point of contact in California real estate?
The list includes business cards, stationery, licensee-controlled websites, flyers, brochures, postal mail, electronic ads, email, radio, cinema, television, opening sections of streaming audio or video, newspaper and periodical ads, and specified signs that display a licensee's name. Section 10140.6 also covers purchase agreements.
Do social media and online ads need a California DRE number?
A purchased or directly placed electronic ad is within Regulation 2773 when the licensee controls its content and presentation and it enables direct consumer contact. A licensee-controlled website is expressly covered. Third-party-controlled content may be excluded until the licensee adopts it by distributing or forwarding it.
When does a California real estate sign not need a license number?
A for-sale, for-rent, for-lease, open-house, or directional sign needs no license ID when it has no real estate licensee name, trademark, or branding, or when the only licensee identified is the responsible broker. If it names a salesperson or broker associate, apply the named-licensee disclosure rule.
If several California licensees appear in one ad, whose DRE number is required?
Regulation 2773 requires the license identification number of each licensee whose name appears. A responsible or corporate broker whose name, logo, or trademark appears alongside named salespersons or broker associates generally does not need a broker license number, but the responsible broker's licensed name must appear.
Does adding a DRE number make a California real estate ad compliant?
No. First-point identity is one layer. The ad must also be truthful and not misleading, use any required licensed-status designation, and comply with additional rules triggered by mortgage activity, fair housing, team or fictitious names, altered listing images, and the subject being advertised.
Keep going
Place first-point advertising inside the complete Practice area
Continue with the related guide and practical next steps for this topic.
Control who may prepare and publish advertising
Separate administrative ad preparation from licensee review, solicitation, and consumer communication.
Practice first-point-of-contact scenarios
Classify names, numbers, broker identity, electronic media, signs, teams, and additional advertising duties.
Separate the 2026 altered-image rule
Review current California disclosure changes without confusing image duties with first-point identity.