New Jersey real estate agents may not use random drawings to promote their properties.
New Jersey has strict guidelines regarding what real estate agents may or may not do to advertise or promote their properties. In addition to general laws about advertising requiring them to be truthful, New Jersey real estate agents must be careful not to advertise in a discriminatory manner or to engage in any promotions that appear to involve gambling.
Non-Discrimination Law
New Jersey real estate agents may not indicate the intent to discriminate when advertising property. For example, property advertisements may not state or imply that the agent would prefer to sell to customers of a particular race or religion. Race, religion, national origin, birth gender, disability and family status (i.e. married or divorced) are protected under this law. As of 2010, discrimination based on sexual orientation or gender identity are legal in New Jersey advertisements.
In addition to not stating the intent to discriminate, New Jersey real estate advertisers must run ads in a non-discriminatory manner. For example, a real estate agents who runs ads only in publications read mainly by white men is acting in a discriminatory manner because women and members of other races do not have the same opportunity to read the ad.
Disclosure Law
New Jersey real estate agents may only use the term "free" in their ads if they disclose all terms governing the availability of the service or product, including fees paid to a company other than the real estate agents for the use of the service or product. Real estate agents must also indicate their status as real estate professionals in advertisements.
Prohibition Against Gambling
New Jersey real estate agents may not use any type of contest, drawing or other game of chance to promote the sale of real estate property. For example, it is illegal to enter the names of people interested in a property into a drawing and award a lower closing cost to the winner of the drawing.
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