Q: Is it ethical/legal for a Realtor to advertise a rental at one monthly price and then increase rent by $200.
An Arizona realtor acting as property manager for an individual owner of a rental condo unit advertises on the MLS with a rental price and then adds a "share" of the tenants HOA fees onto the monthly rent after the tenant has verbally agreed to the monthly rent. In the MLS, it says the rent includes water, sewer, garbage, and cable t.v. Then down in the realtor notes, there is apparently something that says the tenant pays HOA fees when in realty $100 - $200 is tacked on to the monthly rent and paid directly to the landlord. I wasn't working with a "tenant's" realtor. The listing realtor justifies the addition by saying the HOA fees cover utilities and use of the amenities (already advertised as part of the rent). While once the lease is signed with the higher rent, I suspect it is legal but I find it extremely unethical. In my case, I was in a bind as I was ready to fly back east to pack up when she finally told me of the additional rent just before signing the online lease.
A:
A.C.C. R4-28-502(C) provides:
A salesperson or broker shall ensure that all advertising contains accurate claims and representations, and fully states factual material relating to the information advertised. A salesperson or broker shall not misrepresent the facts or create misleading impressions.
Additionally, if applicable, the Arizona Association of Realtors Code of Ethics, Article 12, states:
Realtors® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and other representations.
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