On May 9, 2024, bill S3192/A4454, also known as the Real Estate Consumer Protection Enhancement Act (Bill), was introduced in the Senate and referred to the Senate Commerce Committee. On May 13, 2024, the Senate Commerce Committee reported favorably on the Bill, noting in part that, "This bill incorporates certain protections for consumers regarding residential real estate transactions and certain aspects of commercial real estate transactions." The bi-partisan-sponsored legislation passed the Senate by a vote of 37-0 on May 20, 2024; the Assembly by a 76-0 vote on June 28, 2024; and both Houses by a vote of 40-0 on June 28, 2024. Gov. Phil Murphy signed the bill into law on July 10, 2024. It is codified at N.J.S.A. 45:15-16.86, et seq. (Act) and pursuant to N.J.S.A. 45:15-16.100, The New Jersey Real Estate Commission is authorized to promulgate regulations pursuant to the Administrative Procedure Act "to effectuate the purposes of the Act, including regulations to address other types of agency or business relationships for real estate brokerage firms." The Act went into effect on Aug. 1, 2024.

The purpose of the Act is to codify "certain [additional] protections for consumers regarding residential real estate …" Specifically, the Act delineates, among other things: (a) agency relationship classes into which real estate professionals fall; (b) roles and responsibilities imposed on members of those classes; and (c) additional disclosure requirements intended to advise consumers of the various roles and of material information impacting a purchase. For example, real estate agents are now required to make an "Agency Disclosure," at the outset of a relationship, explaining the nature of the agent's representation and compensation. Further, real estate agents are now required to post disclosures during open houses disclosing their allegiance. Additionally, a seller is required to provide a brokerage with a seller's disclosure "with the information [already] filled in and signed by the seller." Even further, the Act sets forth requirements concerning the handling of "confidential information" and the disclosure of "material information" in connection with a real estate transaction. Finally, the Act imposes additional continuing education requirements on real estate professionals, including "at least one hour on agency per biennial renewal period."