(1) A title company may advertise in a trade association publication only if all of the following conditions are met:
(a) The publication is an official publication of the trade association;
(b) The publication must be nonexclusive so that any title company has an equal opportunity to advertise in the publication;
(c) The title company must pay no more than the standard rate for the advertisement applicable to members of the trade association;
(d) The title company's advertisement must be solely self-promotional; and
(e) The payment for the advertisement must be included as an expenditure for the purposes of the limits in WAC 284-29-220
(2) Except as provided in subsection (1) of this section, a title company must not directly, indirectly, by payment to a third-party or otherwise, use any means of communication or media to advertise on behalf of, for, or with a producer, including but not limited to:
(a) Advertising real property for sale or lease unless the property is owned by the title company;
(b) Advertising or promoting the listings of real property for sale by real estate licensees; or
(c) Advertising in connection with the promotion, sale, or encumbrance of real property.
(3) No advertisement may be placed in a publication that is published or distributed by or on behalf of a producer of title business, including but not limited to, web sites, flyers, postcards, for sale signs, flyer boxes, or any other means of communication or any other media.
(4) Title companies may pay for a self-promotional advertisement in the publications or broadcasts of the following persons:
(b) Telephone directories;
(c) Internet web sites, subject to the limits of subsection (3) of this section;
(d) Television stations;
(e) Radio stations; and
(f) Real estate licensees who do not represent buyers and sellers or who do not function as agents as defined in RCW 18.86.010
(2) provided that the publication must be nonexclusive so that any title company has an equal opportunity to advertise in the publication.
[Statutory Authority: RCW 48.02.060, 48.29.005 and 48.29.210. 09-05-077 (Matter No. R 2008-21), § 284-29-215, filed 2/17/09, effective 3/20/09.]