Real Estate Sign Placement – It Matters

Why this is useful: The first episode of our new series dramatizes how to properly display a “For Sale” sign on a property on behalf of the seller to advertise the property for sale, and understand when permission is needed to advertise a property with a “For Sale” sign in a common interest development (CID).

“For Sale” sign ordinances and CC&Rs

Real estate signs are the most tangible tool used to advertise a property that has been listed, and their placement matters.

Real estate signs include signs which advertise:

the property for sale, lease, or exchange; or
directions to the property, called directional signs.

Having signs removed by local authorities or being fined for improper placement often costs hundreds of dollars.

Worse, it looks unprofessional to clients who rely on your expertise to sell their properties.

There are no prohibitions on the placement of real estate signs on private property, be it the listed property or private property owned by others who consent to a directional sign being placed on their property.

Editor’s note — Take steps to ensure your signs are eye catching. Two-sided signs are best placed so they can be seen while driving from either direction on the street. Riders and good lighting also make signs more noticeable.

Next, we’ll go over some of the unique rules and situations surrounding the placement of signs.

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

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