New Jersey Real Estate Salesperson · Practice of Real Estate
Advertising
On this page 6 sections
In 30 seconds
Every advertisement must be truthful, must identify the brokerage, and must be free of any preference based on a protected class. The distinction most often tested is a licensee advertising under the broker versus advertising independently: both may name the licensee, but only the first is lawful.
Why this matters
Licensees are disciplined constantly for a social-media post that leaves off the brokerage name or describes the "perfect family," and the exam expects you to spot both errors instantly.
The college version
In normal terms
- An ad may never state or imply anything false about the property, the price, the terms, or the licensee's status, and it must identify the broker or firm.
- A post, a tweet, a video, or a team page is still an ad and follows the same rules as a newspaper listing.
- Property descriptions describe features, never people, so no words signal who is welcome or unwelcome.
Concepts in this outline
- Truthful, nonmisleading advertising — every statement, photo, price, and status in an ad must be accurate, and no omission may create a false impression.
- Identifying brokerage requirements — every ad must name the broker or firm; a licensee may never advertise in a way implying independence from the broker (see Topic 17).
- Social-media advertising — posts, videos, and profiles promoting property or services are advertisements and must follow the same truth and identification rules.
- Team advertising — team names must be approved, presented as part of the brokerage, and never displayed in a way that hides the firm.
- Testimonials and claims — reviews must be genuine and not misleading; superlatives such as "top producer" need a verifiable basis.
- Fair housing implications in property descriptions — describe features of the property, never the kind of person who should live there (see Topic 10).
- Avoiding discriminatory targeting and preferences — ad wording and online audience settings may not exclude or favor any protected class.
Eli explains
The same idea, in plain words
Explain it like I’m 10
An advertisement is any public message promoting a property, a licensee, or a brokerage. Three rules cover all of them.
First, truthful, nonmisleading advertising: photos, price, square footage, and status must be accurate, and a licensee may never imply being a broker. Omissions that create a false impression count as misleading too.
Second, identifying the brokerage: every ad carries the broker's or firm's name, because the licensee works only under that broker (see Topic 10). This is where social-media advertising trips people; a quick post with a photo and "call me" is an ad and needs the firm's name like a billboard. Team advertising must show the team is part of the brokerage, never a separate company. New Jersey adds specifics on placement and wording (see Topic 17).
Third, fair housing. Testimonials and claims must be genuine, and any "number one" claim needs a real basis. Property descriptions stay on the property: "walk-in closets" is fine, "great for young couples" is not. Avoiding discriminatory targeting means online audience settings cannot exclude or favor a protected class either (see Topic 10).
Worked example
Keisha, a salesperson with a Hoboken brokerage, lists a brownstone unit. Her first draft post reads "Perfect starter home for a young professional couple, close to churches. Call Keisha." Her broker, Ray, flags three problems. The brokerage name is missing, so it looks like Keisha works alone. "Young professional couple" signals a preference tied to familial status, and "close to churches" hints at religion. Keisha rewrites it: "Two-bedroom brownstone unit with exposed brick and a rooftop deck, walkable to transit. Keisha Grant, Salesperson, Hudson Row Realty." She also removes an audience filter that had limited the ad to viewers in their twenties. Same property, honest and lawful ad.
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