ASSEMBLY, No. 1524

STATE OF NEW JERSEY

221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:

Assemblyman  GERRY SCHARFENBERGER

District 13 (Monmouth)

Assemblywoman  VICTORIA A. FLYNN

District 13 (Monmouth)

SYNOPSIS

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

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act concerning certain solicitations sent by licensees of the New Jersey Real Estate Commission and supplementing chapter 15 of Title 45 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    As used in P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     “Commission” means the New Jersey Real Estate Commission.

     “Home” means an attached unit or stand-alone building used by an individual as a primary or additional residence to reside in full-time or part-time, or to offer for rent.

     2.    a. An individual licensed pursuant to R.S.45:15-1 and P.L.1953, c.229 (C.45:15-1.1 et seq.) who uses text messaging, as defined pursuant to section 1 of P.L.2015, c.119 (C.2A:65D-1), to solicit a home owner regarding the sale of a home shall send, prior to a solicitation, a separate text message to the home owner that states:

     (1)   the individual is a licensee of the New Jersey Real Estate Commission;

     (2)   the name of the employer with whom the licensed individual is employed; and

     (3)   the text is a solicitation.

     b.    An individual in violation of subsection a. of this section shall be subject to penalties as set forth in R.S.45:15-17.

     c.     The commission shall develop and undertake a public education program designed to inform individuals licensed pursuant to R.S.45:15-1 and P.L.1953, c.229 (C.45:15-1.1 et seq.) and home owners of the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  This may include a notice of the provisions posted clearly and conspicuously on the Internet website of the commission.

     3.    This act shall take effect on the first day of the seventh month next following enactment.

STATEMENT

     This bill requires a licensee of the New Jersey Real Estate Commission who uses text messaging to solicit a home owner regarding the sale of a home to send, prior to a solicitation, a separate text message to the home owner that states the individual is a licensee of the commission, the name of the employer with whom the individual is employed, and the text is a solicitation.  An individual will incur penalties pursuant to current law for a violation of this subsection.

     The commission is to develop and undertake a public education program designed to inform licensees of the commission and home owners of the provisions of the bill.  This may include a notice of the provisions posted clearly and conspicuously on the Internet website of the commission.