Real estate "For Sale" signs are a familiar sight during a certain time of the year just like the seasons. But some may not know that signs such as the one aforementioned, "open house" and "for rent" signs have applicable laws.
Realty Times gives news about signs that are placed on private real estate. The first amendment of the Constitution protects the use of signs as declared by the federal courts. It is declared of utmost importance that regulations imposed by the government on signs should be content neutral. The right to regulate signs has also been given to the local government for safety and artistic purposes.
The legal protections on 'For Sale' signs in real estate are addressed in the section 712 and 713 of the California Civil Code. It is stated that signs advertising that a property is for sale, for rent, directions to the property, name of owner or agent, as well as address and telephone number may be displayed by owners or agents. It can be on their own or another person's property with given consent. As long as signs are in plain view of the public, reasonably located, has reasonable design and dimensions and does not adversely affect public and traffic safety. The standards of the provisions may be determined, and in extreme cases, reviewed by the local county or city.
Illinois Realtor reports on the case of Reed v. Town of Gilber, Arizona where United States Supreme Court ruling was on a majority decision. However, opinions were divided where three out of the nine-member court were forced to write a detailed agreeable opinion about the majority opinion.
The case of pastor Clyde Reed of the Good News Community Church and its members stated that they posted 15 to 20 temporary signs across town early Saturday and was removed mid Sunday. This violated the town's sign ordinance where temporary signs must be posted no more than 12 hours before and no more than an hour after the event.
But whatever the varying opinions may be the final judgment on the case, it has brought about an important change in 20 years to constitutional sign law.
Another sign ordinance was nullified by a New York federal court that limited temporary political signs to 21 days. On the other hand, there was a no time limit exemption for "For Sale" signs.
Illinois real estate brokers are expecting that counties and municipalities will reconsider their sign codes, rewrites and proposed amendments because of the Reed court decision.
There will probably more changes in the real estate market for home buyers and sellers in the coming future because of these cases that somehow diverts real estate laws.
What do you think about the legalities of "For Sale" signs?
