S1366

Sponsored by:

Senator MICHAEL L. TESTA, JR.

District 1 (Atlantic, Cape May and Cumberland)

Senator NELLIE POU

District 35 (Bergen and Passaic)

SYNOPSIS

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

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

An Act concerning certain solicitations to home owners and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

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 who is not licensed pursuant to R.S.45:15-1 or 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 not a licensee of the New Jersey Real Estate Commission;

(2) the name of the employer with whom the 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 a penalty of not more than $5,000 for the first violation, and a penalty of not more than $10,000 for any subsequent violation, which penalty shall be sued for and recovered by and in the name of the Division of Consumer Affairs in the Department of Law and Public Safety and shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

c. The Division of Consumer Affairs in the Department of Law and Public Safety shall develop and undertake a public education program and marketing campaign 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) and, if the Division deems it necessary, of issues and fraudulent activity related to text message real estate solicitations by individuals not licensed by the commission, and the assistance available to understand if a real estate broker, broker-salesperson, or salesperson, or purported real estate broker, broker-salesperson, or salesperson, is licensed by the commission. This may include a notice of the provisions posted clearly and conspicuously on the Internet website of the division and commission and any other action taken by the division or commission to raise public awareness.

3. This act shall take effect on the first day of the seventh month next following enactment except that the division and commission may take any anticipatory action in advance of the effective date as is necessary for the implementation of this act.

STATEMENT

This bill requires anyone who is not a licensee of the New Jersey Real Estate Commission (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 not 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 a penalty of not more than $5,000 for a first violation of the bill, and of not more than $10,000 for any subsequent violation of the bill.

The Division of Consumer Affairs in the Department of Law and Public Safety (division) is to develop and undertake a public education program and marketing campaign designed to inform licensees of the commission and home owners of the provisions of the bill. If the division deems it necessary, the public education program and marketing campaign shall include information concerning issues and fraudulent activity related to text message real estate solicitations by individuals not licensed by the commission, and the assistance available to understand if a real estate broker, broker-salesperson, or salesperson, or purported real estate broker, broker-salesperson, or salesperson, is licensed by the commission. The public education program and marketing campaign may include a notice of the provisions posted clearly and conspicuously on the Internet website of the division and commission and any other action taken by the division or commission to raise public awareness.