Q: I have a new listing in a town where I have not previously listed any property. The sign company that I normally use is refusing to put my For Sale sign where I believe it will be most effective — I want it placed in the grassy area between the sidewalk and the curb. The sign company says that it is illegal to do so and, even if it was legal, they are concerned that putting the post in that location could create liability for them because there may be buried gas, electrical and water lines. Have the rules regarding placement of signs changed? How am I to know what laws apply to the placement of signs?
A: Different jurisdictions have different ordinances regulating signage, including real estate signs. Most jurisdictions restrict not only the placement of signs but the number and size of real estate signs. Many jurisdictions treat For Sale signs (on posts) differently than the smaller, moveable A-frame signs announcing Open Houses. Bottom Line: What may be allowed in one city or community may not be allowed in another city or community.
Violations of local sign regulations can result in the confiscation of the signs and/or fines. Thus, it is important that Agents and Sellers understand the regulations which control the placement of real estate signs.
I. PUBLIC PROPERTY
What is “Public Property?” Sidewalks, the area between the sidewalk and the curb, as well as public rights of way (streets, roads, etc.) are all deemed “public property.” The grounds of federal, state, and local government offices are also deemed “public property.”
Some jurisdictions completely prohibit real estate signs on public property and most jurisdictions significantly limit the placement of real estate signs on public property. Even if the jurisdiction where the Property is located allows signs to be placed on public property, the following general guidelines should always be followed:
- Do Not: Block the public right-of-way, such as placing a sign on a sidewalk that would prevent pedestrians from using the sidewalk;
- Do Not: Block the visibility of vehicles or pedestrians, including placement of signs in medians;
- Do Not: Place signs on the street, or in bicycle lanes;
- Do Not: Place signs on the grounds of public buildings or agencies;
- Do Not: Place signs on state roads or highways (this does not refer to billboards); and
- Do Not: Create any potential hazards with the post or the sign.
II. OFF-SITE SIGNAGE AND OTHER CONSTRAINTS
Some jurisdictions only allow the placement of real estate signs on the specific property that is listed for sale. Even if the jurisdiction allows the placement of real estate signs on other property, the property owner must give written authorization (such as an email confirmation) for the placement of any signs on their property.
Notwithstanding the fact that some communities allow real estate signs to be placed on public property, the specific location may pose a hazard because there are often underground utility lines which could be damaged or which could create significant harm if a post is driven into those lines. Sign companies are becoming more aware of these risks and are trying to protect themselves by having Agents and/or the Seller sign indemnification or waiver agreements. If the sign company will not place a sign without securing a waiver of liability from the Agent and/or the Seller, Agents and their clients should not sign that documentation without first reviewing the proposed waiver language with their Broker or Manager.
PRACTICE TIPS:
- Listing Agents should advise their Sellers that there are local regulations which can restrict the number, size, and placement of For Sale signs and the Agent’s signage must comply with those rules.
- Since Cities and Counties are prone to constantly changing their regulations, Agents should check on the specific requirements for the jurisdiction where the Property is located prior to placing any signs to make sure that the sign placement does not violate local regulations and does not create any type of nuisance or hazard.
- Many Associations of REALTORS® maintain lists of the various sign regulations in their area on the Associations’ website, but others choose not to do so due to liability concerns. Usually, someone at the Association (often the Government Affairs Director) can assist Agents with any questions regarding local sign regulations.
- Even if signs can legally be placed on property other than the Property that is listed for sale, do not place a sign on anyone else’s property without first securing written authorization (such as an email) from the property owner.
- Do not agree to indemnify a sign company or waive that company’s liability for placing a sign without first securing the review and approval of your Broker or Manager.
- Make sure your signs are in full compliance with DRE regulations. See for example, Weekly Practice Tip, DRE Advertising Requirement Changes 12-21-2017
ATTORNEY-CLIENT PRIVILEGED COMMUNICATION: DO NOT FORWARD TO CLIENTS. This Weekly Practice Tip is for the exclusive use of clients of Broker Risk Management and their agents. It may not be reproduced or distributed without the express written consent of Broker Risk Management. The advice and recommendations contained herein are not necessarily indicative of standards of care in the industry, but rather are intended to suggest good risk management practices.
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