[First Reprint]

SENATE, No. 2551

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 7, 2013

 


 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

Senator  NICHOLAS P. SCUTARI

District 22 (Middlesex, Somerset and Union)

Assemblyman  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Assemblywoman  AMY H. HANDLIN

District 13 (Monmouth)

Assemblywoman  LINDA STENDER

District 22 (Middlesex, Somerset and Union)

 

Co-Sponsored by:

Senators O'Toole, Allen, Assemblyman Rumana and Senator Whelan

 

 

 

 

SYNOPSIS

     Permits real estate licensees to prepare broker price opinions and comparative market analyses.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on June 20, 2013.

  


An Act concerning real estate licensees and amending P.L.1991, c.68 and R.S.45:15-3.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 21 of P.L.1991, c.68 (C.45:14F-21) is amended to read as follows:

     21.  a.  A person who is not certified pursuant to the provisions of this act shall not describe or refer to any appraisal or other evaluation which he performs on real estate located in this State as "a certified appraisal."

     b.    A person who is not licensed pursuant to the provisions of this act shall not describe or refer to any appraisal or other evaluation which he performs on real estate located in this State as "a licensed appraisal."

     c.    Except as otherwise provided in subsection f. of this section, no person other than a State licensed real estate appraiser, a State certified real estate appraiser or a person who assists in the preparation of an appraisal under the direct supervision of a State licensed or certified appraiser shall perform or offer to perform an appraisal assignment in regard to real estate located in this State including, but not limited to, any transaction involving a third party, person, government or quasi-governmental body, court, quasi-judicial body or financial institution.

     Nothing in P.L.1991, c.68 (C.45:14F-1 et seq.) shall be construed to preclude a person not licensed or certified pursuant to this act from giving or offering to give, for a fee or otherwise, counsel and advice on pricing, listing, selling and use of real property, directly to a property owner or prospective purchaser if the intended use of the counsel or advice is solely for the individual knowledge of or use by the property owner or prospective purchaser.

     d.    Nothing in this act shall be construed to preclude a person not certified or licensed pursuant to this act from assisting in the preparation of an appraisal to the extent permitted under subsection [(d)] (e) of section 1122 of Title XI of Pub. L.101-73 (12 U.S.C. s.33511[(d)] (e)1).

     e.    (Deleted by amendment, P.L.1997, c.401).

     f.     A State or federally chartered bank, savings bank or savings and loan association may obtain and use appraisals made by a person who is not certified or licensed pursuant to the provisions of P.L.1991, c.68 (C.45:14F-1 et seq.) in any circumstance where the underlying transaction is a federally related transaction for which federal law and regulation do not require that a certified or licensed
appraiser be used.  For the purposes of this subsection, "federal law" means Title XI of Pub. L.101-73 (12 U.S.C. s.3331 et seq.); and "federally related transaction" has the meaning as set forth in section 1121 of Title XI of Pub. L.101-73 (12 U.S.C. s.3350).

     g.    Nothing in P.L.1991, c.68 (C.45:14F-1 et seq.) shall be construed to preclude a real estate broker, broker-salesperson or salesperson licensed under R.S.45:15-1 et seq. who is not licensed or certified pursuant to P.L.1991, c.68 (C.45:14F-1 et seq.) from preparing a broker price opinion or comparative market analysis 1, except that a broker price opinion or comparative market analysis shall not be used in conjunction with condemnation proceedings or proceedings filed in a Tax Court in this State unless otherwise ordered by the Court with regard to such proceedings1.  As used in this subsection, “broker price opinion” and “comparative market analysis” mean an estimate prepared by a real estate broker, broker-salesperson or salesperson that details the probable selling price of a particular piece of real property and provides a varying level of detail about the property’s condition, market, and neighborhood, and information on comparable sales, but does not include an automated valuation model, as defined by Title XIV of Pub. L. 111-203 (12 U.S.C. s.3354 et seq.).

     1Any written broker price opinion or comparative market analysis provided by a real estate broker, broker-salesperson or salesperson to a consumer shall include the following statement: “A broker price opinion or comparative market analysis is an estimate that details the probable selling price of a particular piece of property.  It is not an appraisal and should not be considered the equivalent of an appraisal, which only can be prepared by a certified or licensed appraiser.  A broker price opinion or comparative market analysis shall not be used in conjunction with condemnation proceedings or proceedings filed in a Tax Court in this State unless otherwise ordered by the Court with regard to such proceedings.”  This statement shall appear in print as large as the predominant size print in any writing reporting the results of the broker price opinion or comparative market analysis.1

(cf: P.L.1997, c.401, s.2)

 

     2.    R.S.45:15-3 is amended to read as follows:

     45:15-3. A real estate broker, for the purposes of R.S.45:15-1 et seq., is defined to be a person, firm or corporation who, for a fee, commission or other valuable consideration, or by reason of a promise or reasonable expectation thereof, lists for sale, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale, exchange, purchase or rental of real estate or an interest therein, or collects or offers or attempts to collect rent for the use of real estate or solicits for prospective purchasers or assists or directs in the procuring of prospects or the negotiation or closing of any transaction which does or is contemplated to result in the sale, exchange, leasing, renting or auctioning of any real estate or negotiates, or offers or attempts or agrees to negotiate a loan secured or to be secured by mortgage or other encumbrance upon or transfer of any real estate for others, or any person who, for pecuniary gain or expectation of pecuniary gain conducts a public or private competitive sale of lands or any interest in lands. In the sale of lots pursuant to the provisions of R.S.45:15-1 et seq., the term "real estate broker" shall also include any person, partnership, association or corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate.

     A real estate salesperson, for the purposes of R.S.45:15-1 et seq., is defined to be any natural person who, for compensation, valuable consideration or commission, or other thing of value, or by reason of a promise or reasonable expectation thereof, is employed by and operates under the supervision of a licensed real estate broker to sell or offer to sell, buy or offer to buy or negotiate the purchase, sale or exchange of real estate, or offers or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon or transfer of real estate, or to lease or rent, or offer to lease or rent any real estate for others, or to collect rents for the use of real estate, or to solicit for prospective purchasers or lessees of real estate, or who is employed by a licensed real estate broker to sell or offer to sell lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise to sell real estate, or any parts thereof, in lots or other parcels.

     A real estate broker-salesperson, for the purposes of R.S.45:15-1 et seq., is defined to be any natural person who is qualified to be licensed as a real estate broker but who, for compensation, valuable consideration or commission, or other thing of value, or by reason of a promise or reasonable expectation thereof, is employed by and operates under the supervision of a licensed real estate broker to perform the functions of a real estate salesperson as defined herein.

     A real estate referral agent, for the purposes of R.S.45:15-1 et seq., is defined to be any natural person employed by and operating under the supervision of a licensed real estate broker whose real estate brokerage-related activities are limited to referring prospects for the sale, purchase, exchange, leasing or rental of real estate or an interest therein.  Referral agent licensees shall only refer such prospects to the real estate broker through whom they are licensed as a referral agent and shall only accept compensation for their activity as a referral agent from that broker.  A referral agent shall not be employed by or licensed with more than one real estate broker at any given time.  No person may simultaneously be licensed as a referral agent and a real estate broker, broker-salesperson or salesperson and no person licensed as a referral agent may engage in the business of a real estate broker, broker-salesperson or salesperson to an extent beyond that authorized by their status as a licensed real estate agent.

     A duly licensed real estate broker, broker-salesperson or salesperson of this State shall be permitted to prepare a broker price opinion or comparative market analysis 1, except that a broker price opinion or comparative market analysis shall not be used in conjunction with condemnation proceedings or proceedings filed in a Tax Court in this State unless otherwise ordered by the Court with regard to such proceedings1.  As used herein, “broker price opinion” and “comparative market analysis” mean an estimate prepared by a real estate broker, broker-salesperson or salesperson that details the probable selling price of a particular piece of real property and provides a varying level of detail about the property’s condition, market, and neighborhood, and information on comparable sales, but does not include an automated valuation model, as defined by Title XIV of Pub. L. 111-203 (12 U.S.C. s.3354 et seq.).

     1Any written broker price opinion or comparative market analysis provided by a real estate broker, broker-salesperson or salesperson to a consumer shall include the following statement: “A broker price opinion or comparative market analysis is an estimate that details the probable selling price of a particular piece of property.  It is not an appraisal and should not be considered the equivalent of an appraisal, which only can be prepared by a certified or licensed appraiser.  A broker price opinion or comparative market analysis shall not be used in conjunction with condemnation proceedings or proceedings filed in a Tax Court in this State unless otherwise ordered by the Court with regard to such proceedings.”  This statement shall appear in print as large as the predominant size print in any writing reporting the results of the broker price opinion or comparative market analysis.1

     No person, firm, partnership, association or corporation shall bring or maintain any action in the courts of this State for the collection of compensation for the performance of any of the acts mentioned in R.S.45:15-1 et seq. without alleging and proving that he was a duly licensed real estate broker at the time the alleged cause of action arose.

     No person claiming to be entitled to compensation as a referral agent, salesperson or broker-salesperson for the performance of any of the acts mentioned in R.S.45:15-1 et seq. shall bring or maintain any action in the courts of this State for the collection of compensation against any person, firm, partnership or corporation other than the licensed broker with whom the referral agent, salesperson or broker-salesperson was employed at the time the alleged cause of action arose and no action shall be brought or maintained without the claimant alleging and proving that he was a duly licensed real estate referral agent, salesperson or broker-salesperson at the time the alleged cause of action arose.

(cf: P.L.2009, c.238, s.2)

 

     3.    This act shall take effect immediately.