ASSEMBLY CONSUMER AFFAIRS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 5422

with committee amendments

STATE OF NEW JERSEY

DATED: OCTOBER 5, 2026

      The Assembly Consumer Affairs Committee reports favorably and with committee amendments Assembly Bill No. 5422.

      As amended and reported, Assembly Bill No. 5422 requires the removal of images of the interior of a residential property from a multiple listing service, Internet website or database, or social media account after the sale of the property upon the request of the purchaser or the seller.

      Under the amended bill, the New Jersey Real Estate Commission (the commission), in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety (the division), is to create an image removal request form which is to be published on the website of the commission and linked on the website of the division.  A real estate broker, broker-salesperson, or salesperson that represents the seller of a purchased property is required by the amended bill to provide the purchaser and the seller of the property with the form.  If the seller of the purchased property is not represented by a real estate broker, broker-salesperson, or salesperson, the seller is required to provide the purchaser with the form.

      Starting on the date of the sale of the property and up to 30 days after the sale, the purchaser or seller may return a completed and signed form to request the removal of each interior image of the property from a multiple listing service, Internet website or database, or social media account. 

A real estate broker, broker-salesperson, or salesperson who violates the provisions of the amended bill is in violation of the provisions of chapter 15 of Title 45 of the Revised Statutes and shall be subject to disciplinary action by the commission.  A seller of residential property not represented by a real estate broker, broker-salesperson, or salesperson who violates the provisions of the amended bill shall be subject to a penalty of not more than $500 for a first offense and not more than $1,000 for any subsequent offense.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      1)   require the New Jersey Real Estate Commission to create an image removal request form in consultation with the Division of Consumer Affairs and publish the form on the commission’s website;

      2)   require a real estate broker, broker-salesperson, or salesperson that represents the seller of a purchased property to provide an image removal request form to the seller of the property;

      3)   provide that the seller may submit an image removal request form to the real estate broker, broker-salesperson, or salesperson that represents the seller;

      4)   remove a reference to the employer of a real estate broker, broker-salesperson, or salesperson; and

      5)   provide that a real estate broker, broker-salesperson, or salesperson that violates the provisions of the bill is subject to disciplinary action by the commission.