New Jersey real estate advertising rules: the January 2026 changes and example ads

What changed on January 20, 2026

New Jersey's advertising rule for real estate licensees is N.J.A.C. 11:5-6.1. The Real Estate Commission rewrote large parts of its rules in an adoption that took effect on January 20, 2026 (proposed June 2, 2025, adopted December 16, 2025), and 11:5-6.1 was one of the sections amended. Subsection (a) applies the rule to all advertising, including print, radio and television, electronic media "including email and the Internet," stationery, business cards, forms, signs and billboards. The rule does not name social media, but our reading is that a social media post or a team website falls under electronic media and the Internet, so treat it as advertising.

The change most people will notice is the compensation line. Before 2026, an ad that mentioned a commission rate had to say "In New Jersey commissions are negotiable." The adopted rule replaces that with a longer statement, quoted exactly below. We compared the adopted text with the version in effect before it (last amended August 19, 2024). Here is what differs in the parts you are most likely to use:

Other parts were carried over, such as the "Licensure does not imply endorsement" disclaimer, the "under contract" rule and the inducement disclosures. The Commission's notice lists no public comments on 11:5-6.1, so there is no published discussion of why each word changed. If you studied from a course book printed before 2026, update the compensation statement in your notes now. You can see where advertising sits in the whole topic on our advertising and rebates study guide.

The required statements, word for word

Several parts of the rule require exact wording when something triggers them. These are quoted from the adopted text. The rule says the compensation, licensure and referral statements must appear in a clear and conspicuous manner. It does not set a font size or a placement.

Note what triggers (q): a reference to a commission rate or compensation amount charged by your own brokerage or by one or more other brokerage firms. "List with us at 4.5%" or "Save $5,000 in commission" triggers it. An ad that never mentions a rate or an amount does not need the statement.

The broker's name must be more prominent

Every ad has to include the regular business name of the broker, meaning the name on record with the Commission. A salesperson's or broker-salesperson's ad must show the name the licensee is licensed under and the affiliated broker's regular business name. When the agent's name appears, the rule says the broker's name must be "displayed in a more prominent manner than the name of the salesperson or broker-salesperson."

In practice, the brokerage should be the name that stands out. A postcard with your name in large type and the brokerage in small print at the bottom fails. The rule also says a salesperson may not indicate that he or she is licensed as a broker-salesperson. Referral licensees must use the license descriptions in (e), such as "salesperson (referral)" or "referral associate."

Your cell, your email and the office number

Under (d), if an ad contains a telephone number, email address or website of an individual salesperson or broker-salesperson, or of a team, it must also include the telephone number of the licensed brokerage office the licensees work from. Your cell number alone is not enough.

• Teams are covered by name. A team ad with the team's phone, email or website still needs the brokerage office number.
• A salesperson's, broker-salesperson's or team's web page that is not linked to the broker's website must show the brokerage office's phone number, in a size consistent with the rest of the page (b)2.
• If the page is linked to the broker's website, that link should be clearly and prominently displayed and sized consistently with the page (b)3.
• An ad may say business is conducted only at a licensed main or branch office of the broker. It may not refer to a home office (d)1.

"Realty" alone and other brokerage terms

Subsection (c) says an ad must clearly indicate, after the licensee's regular business name, that the licensee is in the real estate brokerage business. The rule gives examples of terms that do this: "Realtor," "Realtist," "real estate broker," "broker" and "real estate agency." The list is not exhaustive.

Four words do not do the job when used alone: "realty," "real estate," "land sales" and "land investments." So "Garden Path Realty" on its own does not tell the public you are a licensed brokerage, while "Garden Path Realty, Real Estate Broker" does.

Another broker's listing, "sold" and "under contract"

You may not publish an ad or place a sign for a specific property that another broker has exclusively listed without that broker's prior written consent (n). The listing broker may not give or withhold consent without the owner's knowledge. For online listings, consent is treated as given when the listing agreement authorizes posting on the broker's website, an MLS website or a third-party website, and the site where the listing first appears allows consumers unimpeded access to the listing when viewed on a third-party site.

Two timing rules catch new licensees. Under (o), you may not say a property is sold, or that you took part in the sale, until closing, when title transfers. Under (o)2, once a contract prepared by a licensee comes out of attorney review (or, if attorney review does not apply, is fully executed and delivered to all parties), any ad for the property before closing must include the term "under contract." That does not apply if the contract is cancelled and the seller authorizes the listing broker to resume marketing. Our attorney review guide explains how attorney review works and when it ends.

Free offers, inducements and the $1,000 disclosure

Subsection (m) was not changed in 2026. It lets licensees advertise free or discounted services or products, such as a free or subsidized appraisal, a homeowners' warranty, a radon or pest inspection, or a coupon for a commission discount, subject to the rest of the rules. Offers that involve a lottery, contest, game or drawing are not allowed.

If the offer gives the recipient a monetary benefit of greater than $1,000 retail, the licensee must give a written disclosure. It must say:

1. Whether the consumer has to do anything to get the offer, and if so, exactly what. Attending a listing presentation or an information session counts.
2. If the product or service is not delivered when the disclosure is given, the date it will be delivered if the offer is accepted, or that the date is not known.
3. Any compensation the licensee has received or will receive for the promotion. The rule also points to the federal Real Estate Settlement Procedures Act (RESPA) where that law applies.

The disclosure has to be given no later than when the offer is extended. Rebates to buyers have their own rules, which the advertising and rebates study guide covers.

Six example ads: pass or fail

These ads are invented to show the rules at work. The names and brokerages are illustrative. "Pass" means the ad meets the rules discussed in this post; a real ad can raise other issues, such as the fair housing limits in (i).

One more to try yourself: a salesperson's website banner says "Licensed by the New Jersey Real Estate Commission" and nothing more. It fails, because any reference to Commission licensure must be followed by "Licensure does not imply endorsement" (p).

How advertising shows up on the PSI exam

PSI's New Jersey candidate bulletin (updated February 1, 2026) lists "Advertising" under Statutes and Rules Governing Licensee Activities, the state area with 22 of the salesperson exam's questions. PSI does not say how many of those are about advertising.

Our suggestion: memorize the three exact statements in (q), (p) and (t), the "under contract" timing, the four words that fail alone and the $1,000 disclosure threshold. Questions on these tend to turn on one word, so practice reading every option. Fair housing limits in ads are covered on our Law Against Discrimination guide, and the NJ-only rules sheet puts the state rules on one page.