Senate Commerce Committee Statement to Senate Committee Substitute, No. 3578 (February 16, 2023)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated February 16, 2023, reports favorably the Senate Committee Substitute for Senate Bill No. 3578. The substitute requires anyone who is not a licensee of the New Jersey Real Estate Commission and who uses text messaging to solicit a home owner about the sale of a home to first send a separate text stating that the individual is not a licensee, naming the employer, and stating that the text is a solicitation. Penalties are not more than $5,000 for a first violation and not more than $10,000 for any subsequent violation. The Division of Consumer Affairs is to develop a public education program and marketing campaign on the bill's provisions.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE
FOR

SENATE, No.
3578

STATE
OF NEW JERSEY

DATED: FEBRUARY
16, 2023

The Senate Commerce
Committee reports favorably the Senate Committee Substitute for Senate Bill No.
3578.

This
Senate Committee Substitute 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.

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