Writing Accurate, Compliant Listing Descriptions in NJ

The short answer: A New Jersey listing description has to be accurate and has to follow the Real Estate Commission's advertising rules. In practice that means: show your brokerage's name more prominently than your own, name the municipality, label any payment or tax figure "approximate" or "estimated," and describe the property rather than the kind of person you picture buying it (N.J.A.C. 11:5-6.1, as amended by R.2026 d.020). A false statement can lead to license discipline (N.J.S.A. 45:15-17(a)) and liability under the Consumer Fraud Act (N.J.S.A. 56:8-2).

For the rest of the listing process, start with our guide to preparing your first listing presentation.

Do NJ advertising rules apply to MLS remarks and online listings?

Yes. The Commission's advertising rules cover printed publications, radio and TV, "electronic media, including email and the Internet," business cards, forms, signs and billboards (N.J.A.C. 11:5-6.1(a)). A property description on a portal, a social post or a flyer is advertising. So is the version you email to a buyer.

What does a NJ listing ad have to include?

Under the amended rule (N.J.A.C. 11:5-6.1):

• Your licensed name and your broker's regular business name, with the broker's name displayed more prominently than yours ((b), (b)1). A salesperson can't suggest they're a broker-salesperson.
• A brokerage designation after the business name, such as "Realtor," "broker" or "real estate agency." "Realty" or "real estate" alone doesn't count. Lawn signs on homes of four or fewer units are exempt ((c)).
• The brokerage office phone number whenever the ad shows your own phone, email or website ((d)).
• The municipality where the property is located, except in newspaper or magazine ads published under municipality headings ((h)).

Your MLS and your broker may add their own requirements, so check both. Our guide to agent website rules applies the same rule to your own pages.

How do you keep every fact accurate?

The license law lets the Commission discipline a licensee for "making any false promises or any substantial misrepresentation" and for a "flagrant and continued course of misrepresentation" through advertisements (N.J.S.A. 45:15-17(a), (c)). The Consumer Fraud Act separately makes misrepresentation "in connection with the sale or advertisement of any... real estate" unlawful, "whether or not any person has in fact been misled" (N.J.S.A. 56:8-2).

Some habits that help (these are our suggestions, not rule text):

• Check numbers against a document. Room counts, lot size, year built and square footage should come from something you can point to, such as the seller's records, a survey, an appraisal or public records. Note where each figure came from in your file.
• Do the math yourself. If you're converting a lot's dimensions to acres, check the arithmetic. Our area and acreage guide shows how.
• Don't repeat what you can't support. If the seller says the roof is "new," find out when it was replaced and say that instead.
• Match the photos. Don't describe features the photos don't show, or ones that have been removed. See listing photo permissions.

New Jersey gives licensees a limited safe harbor under the Consumer Fraud Act. It applies when you pass along information someone else gave you, had no actual knowledge that it was false, and made a "reasonable and diligent inquiry." Passing on the seller's disclosure statement can qualify if you tell the buyer the seller is the source and visually inspected the property first (N.J.S.A. 56:8-19.1). It doesn't cover facts you invent or embellish. Our Consumer Fraud Act guide explains the cases.

What's the difference between selling language and a claim?

Opinion words like "bright" or "inviting" are different from statements a buyer can check. The safest descriptions lean on specific, verifiable features.

What can you say about payments, taxes and financing?

If an ad mentions a down payment, monthly payment or carrying charges, or says a mortgage is obtainable, it must include the words "to a qualified buyer" ((f)). Amounts for down payment, monthly payment, carrying charges, taxes or mortgage money must carry a word like "approximate" or "estimated," and the broker must keep written proof of the figures for 12 months after the ad last ran ((g)) (N.J.A.C. 11:5-6.1). If you're quoting a tax figure, use the current bill and save a copy.

How do you describe a home without fair housing problems?

Federal law bars any ad for the sale or rental of a dwelling that "indicates any preference, limitation, or discrimination" based on race, color, religion, sex, handicap, familial status or national origin (42 U.S.C. 3604(c)). HUD's rule says that includes "words, phrases, photographs, illustrations, symbols or forms" (24 CFR 100.75(c)(1)). New Jersey's rule also lists creed, affectional or sexual orientation, marital status and ancestry (N.J.A.C. 11:5-6.1(i)).

The simple test: describe the house, not the buyer. "Two bedrooms, elevator building" is about the property. "Ideal for empty nesters" is about people. Our fair housing ad guide has the word-by-word detail.

What about "under contract," "sold" and other brokers' listings?

Three more rules from N.J.A.C. 11:5-6.1 catch new agents:

• Once a licensee-prepared contract emerges from attorney review, ads for the property must say "under contract." "Sold" waits until closing, when title transfers ((o)).
• An ad offering a home warranty must say whether it's by inspection or non-inspection, whether it's mandatory and who pays ((l)).
• You can't advertise another broker's exclusive listing without that broker's prior written consent, though consent is deemed given for many online listing feeds ((n)).

What should you check before you publish?

1. Broker name shown more prominently than yours, with a brokerage designation.
2. Municipality named.
3. Every number traced to a document, with estimates labeled.
4. "To a qualified buyer" next to any payment language.
5. Words and photos describe the property, not the people.
6. Status matches the deal ("under contract" or "sold" only when true).
7. Your broker has approved it if office policy requires.

If you're still working toward your license, Business Elementary's 75-hour pre-licensing course covers the advertising rules.

Sources

• N.J.A.C. 11:5-6.1(a)–(d), (f)–(i), (l), (n), (o), as amended by R.2026 d.020 (58 N.J.R. 803, Jan. 20, 2026): https://www.nj.gov/dobi/proposed/aa260120njac11_5.pdf
• N.J.S.A. 45:15-17(a), (c), via Justia: https://law.justia.com/codes/new-jersey/title-45/section-45-15-17/
• N.J.S.A. 56:8-2 and 56:8-19.1 (Consumer Fraud Act), via Justia: https://law.justia.com/codes/new-jersey/title-56/section-56-8-2/ and https://law.justia.com/codes/new-jersey/title-56/section-56-8-19-1/
• 42 U.S.C. 3604(c), via Cornell LII: https://www.law.cornell.edu/uscode/text/42/3604
• 24 CFR 100.75, via eCFR: https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/subchapter-A/part-100/subpart-B/section-100.75

Last reviewed: November 13, 2026