Why this matters: Learn to properly display a “For Sale” sign on behalf of the seller to advertise the property for sale, understand when permission is needed to advertise a property within a common interest development (CID) and abide by the regulations concerning the placement of a “For Sale” sign on a private or public right-of-way or on a mobilehome.

Sellers may display “For Sale” signs on their property

Consider the seller of a residential unit in a common interest development (CID) who wants to sell their property. The seller and their broker (or an agent of the broker) place a “For Sale” sign on the interior side of the window of their unit where others can see it.

A neighbor in the project complains about the sign to the homeowners’ association (HOA) which manages the project. In response, the HOA demands the seller remove the sign. The HOA claims the sign is a violation of the covenants, conditions and restrictions (CC&Rs) controlling conduct in the project.

May the seller and their broker place a “For Sale” sign in the window of their unit when the display is in violation of restrictions in the HOA’s CC&Rs?

Yes! Sellers of real estate and their brokers have the right to display “For Sale” signs of reasonable dimension and design on their property. Also, they may display “For Sale” signs on property owned by others when they have their consent, despite title restrictions in the CC&Rs. [Calif. Civil Code §712]

“For Sale” signs displayed by the seller or their broker on the property being sold, or on another private property with the seller’s consent, may contain:

  • advertising stating the property is for sale, lease or exchange;
  • directions to the property;
  • the seller’s, broker’s or their agent’s name; and
  • the seller’s, broker’s or their agent’s address and telephone number.

However, the sign or location of a “For Sale” sign may not adversely affect public safety or impede the safe flow of vehicular traffic. [CC §713]

Also unenforceable are any attempts by local governmental ordinance to bar or unreasonably restrict the placement of a real estate “For Sale” sign on:

  • the property for sale; or
  • private property owned by others who consent to the placement of a directional “For Sale” sign on their property. [CC §713]

Related video:

Read more about CC&Rs.

Reasonably located on-site signs

“For Sale” signs may be reasonably located in plain view for the public to observe. [CC §§712, 713]

In a common interest development, the boundaries of a unit owned as the separate interest of a member of the CID are the walls, windows, floors and ceilings within their unit (airspace).

Unless the CC&Rs of the CID state otherwise, the interior surface of the perimeter walls, floors, ceilings, windows, doors, outlets and airspace located within a unit are the seller’s separate interest. All other portions of the walls, floors, ceilings and real estate are part of the common area maintained and managed by the HOA. [CC §4185(b)]

Thus, the seller is entitled to display a “For Sale” sign on the interior side of the window of their condominium unit. The interior side of the window belongs to the seller. Thus, placing the sign in the window facing outward is reasonable. [CC §4710]

However, when the seller seeks to display the sign on the ground area surrounding their unit, the seller obtains permission from the HOA. Here, the ground area is part of the common area owned by others, specifically, the undivided ownership interest held by all the owners of units in the CID. [CC §712]

A copy of an HOA’s governing documents and CC&Rs controlling the dimensions and design of “For Sale” signs is available from the HOA. [See RPI Form 309]

Related article:

Form-of-the-Week: Request for Homeowner Association Documents and HOA Addendum — Forms 135 and 309

Reasonable restrictions

Now consider a city which prohibits the display of all “For Sale” signs. The ordinance was enacted to stop perceived “white flight” from a racially integrated city.

A seller and their broker claim the ban on signs unreasonably interferes with the sale and transfer of real estate — called a restraint on alienation — and violates the seller’s freedom of speech.

The city claims the sign prohibition is enforceable since it does not prohibit other means for advertising property for sale, only those advertisements located on the property.

Is the city ordinance a reasonable restriction on the display of “For Sale” signs?

No! Prohibiting the display of “For Sale” signs is a violation of the First Amendment freedom of speech right. Other methods of advertising real estate for sale are less effective, and the ordinance prohibits the free flow of commercial information for the sale of property. [Linmark Associations, Inc. v. Township of Willingboro (1977) 431 US 85]

Further, cities and counties may not prohibit the placement of “For Sale” signs on private property. This rule applies whether the sign is on the property for sale or property owned by others who consent to a directional sign on their property. However, government agencies may determine the location, shape and dimensions of “For Sale” signs to ensure the signs do not affect public safety, including traffic safety. [CC §713]

Restrictions vary between residential and industrial zones, and among cities. Copies of “For Sale” sign ordinances controlling their use on private property are available through city and county planning departments.

Related article:

Brokerage Reminder: Real estate sign placement – it does matter

Signs on rights-of-way and alongside public highways

Local government agencies may limit or regulate the display or placement of a “For Sale” sign on a private or public right-of-way, such as roadways. [CC §713]

Further, a directional sign advertising real estate for sale, lease or exchange which is located on property other than the advertised property may be visible from a highway. When the highway is subject to the federal Highway Beautification Act, a permit is obtained from the Director of Transportation of the State of California to erect the sign. [Calif. Business and Professions Code §§5200 et seq.]

Locating signs off-site

Consider a broker who, on behalf of a seller of real estate, advertises the seller’s property by placing a directional “For Sale” sign on a neighbor’s property without first obtaining the neighbor’s permission.

The neighbor discovers the “For Sale” sign on their property and removes it. However, the seller broker continues to replace the sign on weekends without permission from the neighbor.

Does the neighbor have recourse against the broker?

Yes! Placing a sign on private property without the property owner’s permission is a misdemeanor public nuisance. Preventing a public nuisance is the responsibility of local government authorities on a complaint from a property owner who does not consent to the placement of directional signs. [Calif. Penal Code §§556.1, 556.3]

Further, it is a misdemeanor public nuisance to place a “For Sale” or a directional sign on public property without government permission, such as on a sidewalk right-of-way or at the curbside. [Pen C §556]

Cities and counties often refuse or severely limit the granting of permission for placement of “For Sale” signs on public property, such as street corners. Instead, the agency enforces the penalties allowed by the California Penal Code. [Pen C §556]

When an agency allows “For Sale” signs, a special permit is issued on payment of a use fee. Further, agencies often only allow “For Sale” signs for the sale of parcels in a subdivider’s development.

Related video:

Read more about nuisances.

Authorization for a sign on another’s property

When an agent wants to place a sign on a private property other than the owner’s who they represent, the agent uses an authorization form to obtain the third-party property owner’s consent. [See RPI Form 138]

The Authorization to Post Directional Sign on Private Property form published by Realty Publications, Inc. (RPI) documents:

  • the property owner’s name and address;
  • the name and address of the property the agent listed for sale, along with their broker’s and agent’s names;
  • the owner’s consent to the broker erecting a directional sign on their property;
  • when the sign will be placed and removed;
  • the general location of the sign;
  • a general description of the sign; and
  • signatures of the agent and owner, confirming the sign may be placed on their property.

Mobilehome regulations

A mobilehome seller may place a “For Sale” sign:

  • in the window of their mobilehome; or
  • outside the mobilehome facing the street.

Signs posted outside of the mobilehome may be of an H-frame or A-frame design and need to face the street. However, they may not extend into the street. [CC §798.70]

Signs in mobilehome parks:

  • may be up to twenty-four inches wide and thirty-six inches high; and
  • contain the name, address and telephone number of the mobilehome seller, the seller broker or their agent. [CC §798.70]

The right to display mobilehome “For Sale” signs extends to:

  • brokers;
  • joint tenants;
  • heirs; or
  • successors who acquire ownership on the seller’s death.

Also, mobilehome sellers and their brokers may display an “Open House” sign in the same locations as “For Sale” signs, even when the mobilehome park prohibits “Open House” signs.

Tubes or holders for leaflets with information on the mobilehome being advertised may be attached to either the “For Sale” sign or to the mobilehome. [CC §798.70]

Related article:

Mobilehome owners install solar energy systems without park owner interference