New Jersey looks to remove home interior photos upon buyer request

New Jersey Assembly Bill 5422, introduced by Assemblyman William F. Moen Jr., would give homebuyers the right to request removal of interior photographs of their newly purchased homes from multiple‑listing services (MLS), brokerage websites and social‑media platforms. The bill requires the listing agent to provide a standardized “image removal request form” to the buyer at closing, and allows the buyer to submit a signed request within 30 days of the sale. Once the form is received, the broker, broker‑salesperson or salesperson must delete the images from all listed databases within another 30‑day window. Violations would be penalized by the New Jersey Real Estate Commission, with fines of up to $500 for a first offense and up to $1,000 for subsequent offenses. The law applies equally to for‑sale‑by‑owner (FSBO) transactions, obligating unrepresented sellers to supply the same form at closing and face identical penalties for non‑compliance. Enforcement would begin 90 days after the state publishes the standardized form, and the legislation would take effect immediately upon enactment.

The bill seeks to address privacy concerns that arise when interior photos of a home remain publicly accessible after the property changes hands, potentially exposing the new occupants to unwanted attention or security risks. By mandating a clear, time‑bound process for removal, the legislation creates a uniform standard for real‑estate professionals across New Jersey, eliminating the current patchwork of voluntary practices. The requirement that the Division of Consumer Affairs develop the request form within six months ensures that buyers have a consistent tool, while the inclusion of FSBO sellers closes a loophole that could otherwise leave some transactions unprotected. The financial penalties are designed to compel prompt compliance and deter brokers from ignoring removal requests.

If passed, the law would reshape how real‑estate listings are managed after a sale, compelling agents and brokerages to adjust their data‑handling workflows and potentially invest in automated removal systems. Buyers would gain greater control over the digital footprint of their homes, while sellers and agents would need to incorporate the form distribution into closing procedures. The broader real‑estate industry may watch New Jersey’s approach as a model for privacy‑focused regulation, especially as other states consider similar measures amid growing concerns about online image retention and personal security.

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