NEW JERSEY REALTORS ® LEGAL RESOURCE LIBRARY

Do you or your agents have legal questions? NJ Realtors® Legal Resource Library is your go-to destination for addressing day-to-day legal questions for your business.

Explore these recent questions and answers and visit the Legal Resource Library to post a new question.

DISCLAIMER: New Jersey Realtors® makes no warranty, express or implied, as to the accuracy of the responses, which the New Jersey Realtors® has made good faith efforts to have up to date as of the latest date displayed on the response.

Q A

Does an agent have to use their name as it appears on their license, i.e. middle initial included, on name badges and sign riders?

In accordance with the New Jersey Real Estate Commissions’ (“REC”) advertising rules, a licensee must use the exact name that they are licensed under (aka the exact name that is registered with the REC) on any advertising or materials for public consumption. This requirement applies 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, signs, and billboards. N.J.A.C. 11:5-6.1. Although nicknames are not registered with the REC, they may be included in parenthesis or quotes next to the licensee’s registered name, ex. Samantha A. Smith (“Sammie”). However, please remember that licensees are not permitted to use any other versions of their name on business cards, signs, legal documents, etc. in lieu of the exact name that is registered with the REC.

The full text of the REC’s regulations may be accessed on our website by clicking here

QCan an agent share videos or photos of a property for sale on their social media if the agent is not the listing agent?

Secondly, can an agent share a listing, via a management system, which pulls from the MLS, giving credit to the listing brokerage in their post on social media?

A

Both topics are addressed in the New Jersey Real Estate License Act. Generally, in order to share another agent’s listing , licensees must obtain the prior written consent of the broker with whom the property is exclusively listed.

However, listing brokers shall be deemed to have given the requisite consent with the seller’s knowledge 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 on the website of the other party (N.J.A.C. 11:5-6.1(n)).

Additionally, licensees who desire to advertise listings belonging to other brokers on the internet must adhere to the New Jersey State Real Estate Commission’s advertising rules (N.J.A.C. 11:5-6.1) and may not make any misrepresentations concerning the listing (ex. the identity of the listing broker) (N.J.S.A. 45:15-17 (c)). Therefore, and in addition to the above, it may be considered a best practice to obtain the written consent of the listing broker prior to advertising the listing.