Key facts
- New Jersey homebuyers could gain the right to have interior photos of their homes removed from public view.
- Assembly Bill No. 5422, introduced by Assemblyman William F. Moen Jr., aims to protect homebuyer privacy.
- A standardized "image removal request form" would be created by the New Jersey Division of Consumer Affairs.
- Buyers would have 30 days after closing to submit a removal request to the seller's agent.
- Agents and brokerages have 30 days to remove photos from multiple listing services, websites, and databases.
- Penalties for non-compliance range from $500 for a first offense to $1,000 for subsequent offenses.
New Jersey is considering legislation that would allow homebuyers to request the removal of interior photographs of their newly purchased homes from public view. Assembly Bill No. 5422, introduced by Assemblyman William F. Moen Jr., aims to enhance homebuyer privacy by establishing a clear process for image removal.
Under the proposed law, the New Jersey Division of Consumer Affairs would have six months after the bill's passage to develop a standardized "image removal request form." Once a property sale closes, buyers would have up to 30 days to submit this signed form to the seller's real estate broker or salesperson. The listing agent or brokerage would then be obligated to ensure the removal of interior photos from multiple listing services, brokerage websites, social media, and third-party marketing databases within 30 days of receiving the request.
Real estate professionals who fail to comply with these requirements face financial penalties. The bill specifies a penalty of up to $500 for a first offense and up to $1,000 for any subsequent offense, to be enforced by the New Jersey Real Estate Commission. The legislation also extends these privacy obligations to sellers who handle transactions without representation, requiring them to provide the form and adhere to the same removal timeline and penalties, enforced by the Division of Consumer Affairs.
If enacted, the law would take immediate effect, with mandatory enforcement commencing 90 days after the state officially publishes the standardized request form.