NJAR^® Advertising Policy

1. Truth. Advertising must be truthful and reveal all facts that may materially affect the reader's conduct or decision. Advertising may not make any misrepresentations or mislead the reader by omitting any such material information. Practices that are misleading include but are not limited to false representations; inadequate disclosures; use of bait and switch techniques; failure to perform; inadequate or misleading information about real estate for sale or lease, employment or sales opportunities, and franchises; failure to perform; promises or warranty obligations; and incomplete or misleading information concerning prices, salaries, fees and compensation.

2. Substantiation. Advertising claims, both express and implied, shall be substantiated by evidence in the possession of the advertiser before the advertisement is placed. Such evidence immediately shall be provided to NJAR^® upon request.

3. Comparisons. Advertising concerning the products, services or employment of a competitor or a comparison of the prices, salaries, fees or compensation offered by a competitor must provide all relevant facts and not be misleading in any way.

4. Bait Advertising. Advertising shall not offer products or services for sale unless such offer constitutes a bona fide effort to sell the advertised products or services and is not a device to switch readers to other goods or services. No statement or illustration shall be used in any advertisement that creates a false impression of the nature, quality or origin of the product, service or employment offered, and all offers for "free" products or services must avoid any possibility that readers will be misled or deceived.

5. Guarantees and Warranties. Advertising of the terms and conditions of guarantees and warrantees must be explicitly stated, with sufficient information to advise readers of their principal terms and limitations. If space or time restrictions preclude such disclosures, the advertisement must clearly and conspicuously reveal where the full text of the guarantee or warranty can be examined.

6. Testimonials and Endorsements. Testimonials and endorsements always must reflect the endorser's honest opinions, beliefs or experiences and cannot include any representations that could not be substantiated if made directly by the advertiser. An advertiser also only may use a testimonial or endorsement for as long as it has good reason to believe that the endorser continues to subscribe to the views presented.

7. Taste and Decency. Advertising must be free of statements, illustrations or implications that are offensive to good taste or public decency, or that condone or incite violence or encourage unlawful or reprehensible behavior. Advertising shall not offend on the grounds of race, religion, sex, sexual orientation, disability or age, or condone any such form of discrimination. Advertising also should not contain any statement or visual presentation that could have the effect of harming any minors (under the age of 18 years).

8. Responsibility. The advertiser understands and agrees that it is solely responsible for complying with NJAR^® 's advertising policies and for the content of its advertisement. It therefore will hold NJAR^® harmless from any liability, claim, judgment or award, as well as all attorneys' fees and costs, arising from the advertisement.

9. Modification. NJAR^® 's advertising policy may be modified without notice at any time at the sole discretion of NJAR^® .

10. Compliance. All advertisements shall fully comply with the NATIONAL ASSOCIATION OF REALTORS^® Ethics Code, all New Jersey laws, including but not limited to all Real Estate Commission regulations and the New Jersey Real Estate Brokers Licensing Law, N.J.S.A. 45:15-1, et seq., and all federal laws.

11. Discretion to Publish. NJAR^® may, in its sole discretion, decide not to publish any advertisement that it deems is in violation of its advertising policy. Publication of an advertisement shall not relieve the advertiser of sole responsibility for compliance with NJAR^® 's advertising policies and the content of the advertisement, or constitute a waiver with regard to publishing that advertisement or any other advertisement.

12. Correct Use of REALTOR^® . REALTOR^® , REALTORS^® , and REALTOR-ASSOCIATE^® are collective membership marks that serve to identify members of the New Jersey Association of REALTORS^® and the NATIONAL ASSOCIATION OF REALTORS^® and distinguish them from non-members. Members are licensed by the National Association to use one or more of the marks in reference to themselves and their real estate business.

The term REALTOR^® denotes membership, not the jobs performed by members, and should only be used in contexts which relate to membership. REALTOR^® should not be used interchangeably with the titles "real estate broker" or "agent" or a person who provides those services. The term REALTOR^® should always be capitalized. The word REALTOR^® should not be hyphenated. It is incorrect to use descriptive words or phrases to modify the marks (i.e. Top REALTOR^® or Successful REALTOR^® ).

All advertising materials must conform to this policy. The advertiser will be charged for any corrections made.