New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S3578

Introduced
2/9/23  
Refer
2/9/23  
Report Pass
2/16/23  
Refer
2/16/23  
Report Pass
3/6/23  
Engrossed
3/20/23  

Caption

Requires text messages soliciting home owners to provide notice when individuals sending solicitations are not licensed by New Jersey Real Estate Commission.

Impact

The bill directly impacts existing consumer protection laws by introducing new requirements for communication from unlicensed individuals attempting to solicit real estate transactions. Violators are subject to fines, increasing accountability and promoting ethical practices within the industry. By requiring disclosure before solicitation occurs, the legislation seeks to empower homeowners with information, potentially discouraging predatory or misleading business practices in real estate marketing.

Summary

Bill S3578, adopted on February 16, 2023, mandates that individuals soliciting homeowners via text message must inform the recipients that they are not licensed by the New Jersey Real Estate Commission. This legislation aims to protect homeowners from unsolicited and potentially deceptive real estate solicitations, ensuring that they are aware of who is contacting them and the nature of the correspondence. It specifically addresses the use of modern communication methods, such as text messaging, to enhance transparency in the real estate market.

Sentiment

The sentiment surrounding S3578 is largely positive, as it is viewed as a proactive step towards consumer protection and transparency in the real estate industry. Supporters of the bill highlight the necessity of safeguarding homeowners from scam attempts and deceptive practices. The predictability of penalties for solicitation violations is also seen as a deterrent against unlicensed activity. However, there are concerns about how effectively this measure can be enforced and whether it might hinder legitimate marketing efforts by real estate professionals.

Contention

Notable points of contention regarding S3578 involve discussions about the potential overreach of regulatory measures and the balance between protecting consumers and allowing for robust business marketing. Some critics express concern that strict regulations could inadvertently limit outreach by licensed real estate professionals, making it harder for them to effectively connect with potential clients. The bill’s requirement for advance notification may also raise questions regarding practicality and compliance among marketing strategies employed in the industry.

Companion Bills

NJ A5053

Same As Requires initial text message with detail on place of employment be sent to homeowners by licensee of New Jersey Real Estate Commission prior to licensee soliciting owners regarding sale of home.

Previously Filed As

NJ S1366

Requires text messages soliciting home owners to provide notice when individuals sending solicitations are not licensed by New Jersey Real Estate Commission.

NJ A1524

Requires text messages soliciting home owners to provide notice when individuals sending solicitations are not licensed by New Jersey Real Estate Commission.

NJ A5053

Requires initial text message with detail on place of employment be sent to homeowners by licensee of New Jersey Real Estate Commission prior to licensee soliciting owners regarding sale of home.

NJ S3927

Establishes penalties for appraisers who engage in discriminatory real estate appraisals and requires certain information to be provided to present and prospective owners or occupants of real estate.

NJ A5163

Establishes penalties for appraisers who engage in discriminatory real estate appraisals and requires certain information to be provided to present and prospective owners or occupants of real estate.

NJ S2353

Requires boil water notices to be provided by certain public water systems via telephone, email or text message.

NJ A1670

Requires boil water notices to be provided by certain public water systems via telephone, email or text message.

NJ A2423

Requires boil water notices to be provided by certain public water systems via telephone, email or text message.

NJ A1861

Concerns real estate licensees.

NJ S1719

Revises penalty provision of law concerning prohibition of certain unsolicited text messages.

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