ATTENTION Real estate agents!
When creating marketing materials for real estate, there are some important rules we have to follow. These rules are set by the New Jersey Real Estate Commission, and they’re designed to let the public know exactly who they’re dealing with. In this post, we’ll go over some of the key rules you need to know.
Your Broker First
All advertisements for real estate must include the name of your brokerage company, followed by a term like REALTOR, real estate broker, or real estate agency. Your name must also be included, exactly as it appears on your license, with the exception of any middle name or initial. You can add a nickname in quotes if you’d like.
If you’re advertising a property and your name is mentioned, the name of your brokerage company must also be included, in larger type or more prominently. If you have your own website, make sure to include your brokerage office’s phone number or link to their website. If you’re using your home phone in an advertisement, it must be identified as such, and your office phone number must also be included.
Specify the property's location
All ads for real estate must specify the property’s municipal location, either by naming it in the ad or at the head of the column in which the ad appears. Phrases like “in the vicinity of” are not allowed unless the exact municipal location is included in the body of the ad.
Spell out the full name of the MLS service
If you mention membership in a multiple listing service (MLS) in an advertisement, you must spell out the full name of the service. There are some exceptions to this rule, including spot ads, for sale signs, and business cards.
Include information about home warranties and rebates
If you’re advertising a home warranty, you must state whether an inspection is required and whether the warranty is mandatory. You must also indicate whether the purchaser is responsible for payment of fees related to the warranty.
If you’re offering a rebate to the purchaser of a residential property, you must disclose their obligation to pay any applicable taxes and advise them to consult a tax professional.
Use qualifying language for loan terms and financing
You can’t indiscriminately promise financing in an advertisement. All loan terms must contain the words “to a qualified buyer.” If you mention any sums in terms of payments or financing, you must use the words “approximate” or “estimated” to qualify them. If you don’t use these words, you must have written proof of their validity and keep a record for 12 months.
Don't indicate that a property is "sold" until title has passed
It’s important to note that no advertising or sign can indicate that a property is “sold” until the title has passed to the buyer by delivery and acceptance of the deed.
Always include the HUD logo
When you’re advertising a home for sale, rent, or financing, it’s important to let everyone know that the property is available to everyone, no matter their race, color, religion, sex, handicap, familial status, or national origin. To make sure people know that the property is open to all, you should include an “equal housing opportunity” logo, statement, or slogan in your advertising.
By following these rules, you can ensure that your real estate advertisements are in compliance with New Jersey regulations. We are always here to help with your marketing efforts. Text Bart at 973-816-8109 for help.