Current through Register Vol. 56, No. 18, September 16, 2024
(a) Unless otherwise set
forth herein, subsections (b) through (o) below shall apply to all
categories of advertising including all publications, radio or television
broadcasts, all electronic media including E-mail and the Internet, business
stationery, business cards, business and legal forms and documents, and signs and
billboards.
1. Individuals operating as sole
proprietors and licensed as employing brokers shall conspicuously display on the
exterior of their maintained place of business their name and the words "Licensed
Real Estate Broker".
2. Firms licensed
as corporate or partnership brokers shall conspicuously display on the exterior of
their maintained place of business their regular business name and the name of the
individual licensed as their broker of record and the words "Licensed Real Estate
Broker".
(b) All advertising
of any licensed individual, partnership, firm, or corporate broker shall include
their regular business name which for the purposes of these rules, shall mean the
name in which that individual, partnership, firm or corporation is on record with
the Commission as doing business as a real estate broker. All advertising by a
referral agent, a salesperson or a broker-salesperson shall include the name in
which they are licensed and the regular business name of the individual,
partnership, firm or corporate broker through whom they are licensed. If such
advertisements contain a reference to the licensed status of the person placing the
ad, their status as a referral agent, a salesperson or a broker-salesperson must be
indicated through inclusion of a descriptive term as provided in (e) below. A
referral agent or salesperson may not indicate in any advertisement or otherwise
that he or she is licensed as a broker-salesperson.
1. In all advertisements which contain the name of
a referral agent, a salesperson or a broker-salesperson, the regular business name
of the individual, partnership, firm or corporate broker through whom that person is
licensed shall appear in larger print or be displayed in a more prominent manner
than the name of the referral agent, salesperson or broker-salesperson.
2. Where a webpage on the worldwide web
established by a referral agent, a salesperson, a broker-salesperson, or a team of
such licensees is not linked electronically to the webpage of the broker through
whom the person or team is licensed, the webpage shall display the telephone number
and may display the street address of the licensed brokerage office from which the
individual or team operates as real estate licensees. That information shall appear
in wording as large as the predominant size wording on the webpage.
3. Where a webpage of an individual or team is
linked electronically to the webpage of the broker through whom such person or
persons are licensed, the webpage of the nonbroker licensee(s) shall display
information which clearly indicates how to link to the broker. That information
shall appear in wording as large as the predominant size wording on the
webpage.
(c) All advertising,
with the exception of lawn signs placed on residential properties containing four or
fewer units, shall clearly indicate after the licensee's regular business name that
the advertising licensee is engaged in the real estate brokerage business. Except as
prescribed by 45:15-17(j), examples
of permissible language shall include, but are not limited to, "Realtor,"
"Realtist," "real estate broker," "broker," or "real estate agency". Examples of
prohibited language when used alone shall include, but are not limited to, "realty,"
"real estate," "land sales," and "land investments." This provision shall not apply
when the word "agency" appears in the advertisement as part of the licensee's
regular business name or when the licensee has legal or equitable ownership of the
property.
(d) Any advertising which
contains a home telephone number, cell-phone number, beeper or pager number, home
fax number, or e-mail address of an individual referral agent, salesperson or
broker-salesperson, or a team of such licensees, shall also include the telephone
number and may include the street address of the licensed brokerage office from
which the advertising licensee(s) operate. All such advertising shall also contain
language identifying each number included in the advertising. For example, a home
telephone number may be followed or preceded by the word "home" or the abbreviation
"res."
1. No advertising shall represent that a
location is a place at which the business of a real estate licensee is conducted
unless that location is the licensed main office or a licensed branch office of the
broker through whom the advertising licensee is licensed. Referral agents,
salespersons and broker-salespersons shall not include in their advertisements any
reference to a "home office."
(e) The business card of any licensed referral
agent shall indicate that this licensee is a referral agent by the use of the words
referral agent or referral associate. The business card of any licensed salesperson
shall indicate that this licensee is a salesperson by the use of the words
salesperson or sales representative, or sales associate, or where permitted by law,
realtor-associate or realtist associate. The business card of any licensed
broker-salesperson shall indicate that this licensee is a broker-salesperson by the
use of the words broker-associate, associate broker, realtor-associate or
broker-salespersons. The business card of any licensed broker shall indicate that
this licensee is a broker by use of the word broker or, where permitted by law,
Realtor or Realtist.
(f) Any advertising
which refers to amounts of down payment, monthly payment, or carrying charges, or
which indicates that a mortgage is obtainable (where the mortgage referred to is not
already a lien against the premises advertised), shall contain the words "to a
qualified buyer".
(g) Any advertisement
which sets forth amounts of down payment, monthly payment, carrying charges, taxes
or mortgage money obtainable shall contain appropriate qualifying words such as
"approximate" or "estimated," which qualifying words shall be clearly associated
with the amounts set forth. If such amounts are mentioned the broker shall maintain
written proof of the validity of these statements in the broker's files. Such
written proof shall be maintained for a period of 12 months from the date upon which
an advertisement containing such references shall have last appeared in any
publication.
(h) With the exception of
magazine or newspaper advertisements published under municipality headings, any
advertisement for the sale, exchange or rental of real property, or any interest
therein, shall designate the geographical area containing that property by
specifying the municipality within which that property is located.
(i) No licensed individual, limited or general
partnership, firm or corporation shall advertise or use any form of application or
make any inquiry which expresses directly or indirectly any limitation,
specification or discrimination as to race, religion, creed, color, sex, affectional
or sexual orientation, marital status, national origin, ancestry or as to whether a
person has a disability as that term is defined in
11:5-6.4(k).
(j) Any use of an insignia, emblem, logo, trade
name or other form of identification in any advertising or other public utterance,
either by a single licensee or any group of licensees, which suggests or otherwise
implies common ownership or common management among such licensees, shall be
prohibited except in the case of branch offices controlled by a single broker or
licensee and duly licensed as branch offices pursuant to the provision of
45:1-1 et seq. Nothing herein provided
is intended to preclude or inhibit the use, advertising or display of any insignia,
emblem, logo or trade name of any bona fide trade association by any licensee
provided that such licensee is a member of such trade association.
1. Any franchised licensee using in any
advertising the trade name of a franchisor shall include in such advertising in a
manner reasonably calculated to attract the attention of the public the franchised
licensee's regular business name.
2. Any
licensee including the franchisor using the trade name of franchisor in any
advertising shall also include in a manner reasonably calculated to attract the
attention of the public the following legend or a substantially similar legend:
"each office is independently owned and operated", except in the following
categories of advertising:
i. "For sale" signs
located on the premises of specific properties for sale;
ii. Small "spot" classified advertising by a
licensee in newspapers, magazines or other publications advertising properties. A
small spot classified advertisement is defined as an advertisement which is no more
than one column wide and 20 lines long and which describes no more than two
properties; a line is defined as a standard newspaper classified advertising line of
the newspaper, magazine or other publication in which the advertisement is
published;
iii. Business cards;
and
iv. Advertising placed or
distributed by offices which are wholly owned by the franchisor, which contains the
office address and contains language which identifies the office as being wholly
owned or the franchisor.
3.
The intent of this subsection is to further promote the general purpose of the Real
Estate License Act of ensuring that all individuals, firms or corporations are
clearly identifiable to the public as the licensed brokers who are financially and
otherwise responsible to the consuming public for their real estate brokerage
activities. It is not the intent of this subsection to limit or otherwise inhibit
the operation of branch offices as set forth in
45:15-12 and sections 18 and 19 of this
subchapter, nor is it the intent of this subsection to prevent the franchising of
any group of licensees provided such franchising or other association is not
inconsistent with the purpose of the Real Estate License Act as expressed
herein.
(k) Any advertising by
any licensed individual, partnership, firm or corporation referring generally to
membership in any real estate multiple listing service operation shall specify the
complete name of the listing service in which membership is held, except in the
following categories of advertising:
1. "For sale"
signs and small "spot" classified advertising of any licensee as described in (j)
above;
2. Business cards;
3. All business signs.
(l) Any home warranty offer contained in any
advertisement shall comply with all Federal and State warranty legislation,
including the New Home Warranty and Builder's Registration Act, P.L. 1977, c.467,
46:3B-1 et seq., and the Magnuson-Moss
Warranty Act, P.L. 93-637,
15 U.S.C.
§§
2301 et seq. Such advertising shall
specify clearly whether the warranty is by inspection or non-inspection of the
premises, whether the warranty is mandatory, and who is responsible for payment for
the warranty. No advertisement shall contain an offer for a warranty unless a
warranty may be secured for the property being advertised.
(m) Licensees may include offers of free,
discounted, or other services or products in advertisements or promotional material,
subject to the requirements and restrictions set forth in this chapter.
1. Examples of such products or services include,
but are not limited to, free or subsidized appraisals, homeowners' warranties,
property, radon, and pest inspections, surveys, mortgage fees, offers to pay other
costs typically incurred by parties to real estate transactions, coupons offering
discounts on commissions charged by brokerage firms, and cash payments.
i. "Appraisal" as used in this subsection is given
its technical meaning as a study and analysis by an appraiser authorized by law to
perform appraisals of New Jersey real estate to ascertain fair market value by using
a process in which all factors that would fix prices in the market place must be
considered. A comparative market analysis or study (CMA) is not an appraisal, as
described herein in this subparagraph. Any written CMA provided by a licensee to a
consumer shall include a statement indicating that the CMA is not an appraisal and
should not be considered the equivalent of an appraisal. The statement shall appear
in print as large as the predominant size print in any writing reporting the results
of the CMA.
ii. Nothing in this
subsection shall be construed as prohibiting the use of such words as "included" or
"included in the purchase price" in reference to items included by the owner in the
sale of any real property or interest therein.
2. No offering of free, discounted, or other
services or products, including the offering of a free appraisal, shall be made by a
real estate licensee in any advertisement or promotional material, or otherwise,
where the promotion or offering involves a lottery, a contest, a game or a drawing,
or the offering of a lot or parcel, or lots or parcels.
3. Whenever a licensee participates in a promotion
or offering of free, discounted, or other services or products that confers upon the
recipient a monetary benefit of greater than $ 1,000 retail, the licensee shall
provide written disclosure to the recipient of the promotional material or offering.
The disclosure shall state in a clear and conspicuous manner:
i. Whether the consumer is required to perform any
action to qualify to receive the free, discounted, or other services or products
offered and, if so, what specific action(s) the consumer must perform in order to do
so. For the purposes of this paragraph, a consumer's attendance at any listing
presentation, informational session, or other meeting is considered to be an action
by the consumer;
ii. If the delivery of
the offered services or products does not occur at the time that the disclosure is
provided to the consumer, the date by which the services or products will be
delivered to the consumer if the offer is accepted. If the delivery date is unknown
to the licensee at the time the offer or promotion is extended to the consumer, the
written disclosure to be provided by the licensee to the consumer shall so state;
and
iii. If a licensee has received, or
will receive, compensation for participating in a promotion or offering of free,
discounted, or other services or products, the disclosure shall also state the
compensation the licensee has received or will receive. Should the Real Estate
Settlement Procedures Act of 1974,
12 U.S.C. §§
2601 et seq., be applicable to the arrangement
between the broker and the person paying the compensation to the broker, the
disclosure shall be in the form and substance required by that Act.
4. The written disclosure referenced at
(m)3 above shall be provided to consumers no later than when the promotion or offer
is extended by the licensee to the consumer.
i. For
the purposes of this subsection, an offer or promotion is extended to a consumer
when the free or discounted product or service is delivered to the consumer, or when
written confirmation of the consumer's right to receive the free or discounted
product or service at some future time is delivered to the consumer.
5. No licensee may utilize a marketing
or promotional program that requires, as a condition of the consumer's receipt of a
free or discounted product or service, the taking of any action by the consumer
prior to the delivery of the disclosure(s) referenced at (m)3 above, other than an
action necessary to accomplish the delivery of the disclosure to the
consumer.
(n) No licensee
shall publish or cause to be published any advertisement or place any sign which
makes reference to the availability of a specific property which is exclusively
listed for sale by another broker unless the licensee obtains the prior written
consent of the broker with whom the property is exclusively listed. Such consent
shall not be given or withheld by the listing broker without the knowledge of the
owner.
1. With regard to information on listings
disseminated through the Internet by licensees other than the listing broker,
listing brokers shall be deemed to have given the consent referred to in (n) above
with the knowledge of the owner where:
i. A
written listing agreement contains the seller's authorization for information on the
listing to be posted on the website of the broker, or of a multiple listing service
to which the broker belongs, or of another party to which the broker or such an MLS
submits information on listings; and
ii.
The website on which the listing information shall initially appear has instituted
no measures to prevent other parties with websites from utilizing an electronic link
to enable consumers to view that information while remaining in the website of the
other party.
(o) No
licensee shall indicate in any advertisement that a property has been sold, or that
they participated in the sale of a property, until a closing has occurred at which
title to the property was transferred from the seller to the buyer.
1. For the purposes of this subsection, the term
"advertisement" shall include communications to other licensees through notices
submitted to a multiple listing service or otherwise.
2. In the time period after a contract prepared by
a licensee emerges from Attorney Review or a contract not subject to Attorney Review
is fully executed and delivered to all parties, but before a closing occurs at which
title is transferred, unless such a contract is canceled and the seller authorizes
the listing broker to renew efforts to market the property, any advertisement of the
property which is the subject of the contract shall include the term "under
contract."
(p) Advertisements
by licensees may, but are not required to, include a statement indicating that the
advertiser is licensed by the New Jersey Real Estate Commission. Any advertisement
by a licensee that includes a reference to licensure by the New Jersey Real Estate
Commission shall immediately thereafter also include the following statement:
"Licensure does not imply endorsement," which statement shall be included in the
advertisement in a clear and conspicuous manner.
1. The foregoing shall not apply to the displays
which, pursuant to
45:15-12, are required to conspicuously
appear on the exterior of every place of business maintained by New Jersey real
estate brokers and to include the name of the broker and, in the case of business
entities licensed as brokers, the name of the individual licensed as its authorized
broker, and the words "Licensed Real Estate Broker."
(q) Any advertisement which includes any reference
to a commission rate or compensation amount charged by the advertising licensee's
brokerage firm or by one or more other brokerage firms shall also include the
following statement: "In New Jersey commissions are negotiable." The said statement
shall be included in the advertisement in a clear and conspicuous manner.
(r) No advertisement shall contain false,
misleading or deceptive claims or misrepresentations. In all advertisements which
make express or implied claims that are likely to be misleading in the absence of
certain qualifying information such qualifying information shall be disclosed in the
advertisement in a clear and conspicuous manner.
(s) No person licensed as a referral agent shall
include in any advertisement any content stating or implying that he or she is
authorized to engage in real estate brokerage activity beyond that which he or she
is permitted under
45:15-3 or
11:5-6.10.
(t) On all advertisements, except business cards,
referral agents shall include the following statement in a clear and conspicuous
manner: Services limited to referring prospects to broker.
