[First Reprint]

ASSEMBLY, No. 2289

STATE OF NEW JERSEY

INTRODUCED SEPTEMBER 16, 1996

By Assemblymen ZECKER, Arnone and Corodemus

An Act concerning real estate salespersons, broker-salespersons and brokers and amending P.L.1960, c.39.

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

    1. Section 2 of P.L.1960, c.39 (C.56:8-2) is hereby amended to read as follows:

    2. The act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice; provided, however, that nothing herein contained shall apply to [the]:

    a. The owner or publisher of newspapers, magazines, publications or printed matter wherein such advertisement appears[, or to the];

    b. The owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher, or operator has no knowledge of the intent, design or purpose of the advertiser; or

    c. The communication by a real estate salesperson, broker-salesperson or broker licensed under R.S.45:15-1 et seq. of any false, misleading or deceptive information provided to that real estate salesperson, broker-salesperson or broker by or on behalf of the seller of real estate located in New Jersey, unless the real estate salesperson, broker-salesperson or broker has actual knowledge¹, after making reasonable inquiry,¹ of the false, misleading or deceptive character of the information. Nothing in this subsection shall be interpreted to affect the obligations of a real estate salesperson, broker-salesperson or broker pursuant to the "New Residential Construction Off-Site Conditions Disclosure Act," P.L.1995 c.253 et seq. (C.46:3C-1 et seq.) or any other law or regulation.

(cf: P.L.1975, c.294, s.1.)

    2. This act shall take effect immediately.

Exempts real estate salespersons, broker-salespersons and brokers from consumer fraud law in certain circumstances.