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A1089
ASSEMBLY, No. 1089
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ROBERT D. CLIFTON
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Includes certain canvassing and solicitation
activities as violation of consumer fraud act.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the canvassing and solicitation of real
estate owners and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in this act:
���� �Canvassing� means
distributing printed material or any other thing from house to house, or
calling in person upon the occupants of any house seeking to distribute printed
material, or in any other way, including by telephone or by means of digital
communication, advertising any services or offering anything of value with
regard to buying, offering to buy, selling, or offering to sell real estate of
any kind or description.
���� �Solicitation� means any
attempt to buy, offer to buy, sell, or offer to sell real estate of any kind or
description by sample or otherwise house to house, by telephone, or by means of
digital communication, or offer to render services from house to house, by
telephone, or by means of digital communication, with or without accepting
payment or partial payment for the same.
���� 2.��� It shall be an unlawful
practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.), for a person to
engage in the canvassing or solicitation of real estate owners unless the
person is a real estate broker, broker-salesperson, salesperson, or referral agent
licensed in this State pursuant to R.S.45:15-1 et seq.
���� 3.��� The provisions of this
act shall not be construed to supersede or preempt any ordinance, resolution,
or regulation of a unit of local government that prohibits or limits canvassing
and solicitation of any nature.
���� 4.��� This act shall take
effect immediately.
STATEMENT
���� This bill provides that it is
an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et
seq.), for a person to engage in canvassing or solicitation of real estate
owners, with regard to selling or buying real estate, unless the person is a
real estate broker, broker-salesperson, salesperson, or referral agent licensed
in this State pursuant to R.S.45:15-1 et seq.
���� As used in the bill,
�canvassing� means distributing printed material or any other thing from house
to house, or calling in person upon the occupants of any house seeking to
distribute printed material, or in any other way, including by telephone or by
means of digital communication, advertising any services or offering anything
of value with regard to buying, offering to buy, selling, or offering to sell
real estate of any kind or description; and �solicitation� means any attempt to
buy, offer to buy, sell, or offer to sell real estate of any kind or
description by sample or otherwise house to house, by telephone or by means of
digital communication, or offer to render services from house to house, by
telephone, or by means of digital communication, with or without accepting
payment or partial payment for the same.
���� The bill also provides that
the provisions of the bill will not be construed to supersede or preempt any
ordinance, resolution, or regulation of a unit of local government that
prohibits or limits canvassing and solicitation of any nature.
���� An unlawful practice under the
consumer fraud act is punishable by a monetary penalty of not more than $10,000
for a first offense, and not more than $20,000 for any subsequent offense.� In
addition, a violation can result in cease and desist orders issued by the
Attorney General, the assessment of punitive damages, and the awarding of
treble damages and costs to the injured party.