Key Takeaways
- New Jersey requires sellers to provide a Seller's Disclosure Statement for residential properties
- The disclosure must be provided before or at the time of contract signing
- Sellers must disclose known material defects affecting the property
- Buyer has the right to rescind if disclosure is not timely provided
- Lead-based paint disclosure is required by federal law for homes built before 1978
Last updated: January 2026
New Jersey Seller Disclosure Requirements
Unlike some states, New Jersey requires sellers to disclose known defects about residential property.
Seller's Disclosure Statement
When Required
| Property Type | Disclosure Required? |
|---|---|
| 1-4 unit residential | Yes |
| Condominiums | Yes (with HOA disclosures) |
| New construction | Modified requirements |
| Commercial property | Generally not required |
Timing of Disclosure
| Timing | Requirement |
|---|---|
| Ideal | Before contract signing |
| Latest | At time of contract signing |
| If not provided | Buyer may have rescission rights |
Content of Disclosure
The Seller's Disclosure Statement covers:
| Category | Items |
|---|---|
| Structural | Foundation, roof, walls, floors |
| Systems | HVAC, plumbing, electrical, water heater |
| Environmental | Flood zone, radon, lead paint, mold |
| Legal | Liens, easements, encroachments |
| Mechanical | Appliances, garage door, pool/spa |
| Neighborhood | HOA, assessments, zoning issues |
What Sellers Must Disclose
Sellers must disclose known material defects:
| Must Disclose | Examples |
|---|---|
| Structural problems | Foundation cracks, roof leaks |
| System failures | HVAC issues, plumbing problems |
| Water issues | Flooding, drainage, moisture |
| Environmental hazards | Lead, asbestos, radon |
| Legal matters | Boundary disputes, violations |
| Insurance claims | Prior damage claims |
Key Point: Sellers only need to disclose what they actually know. They are not required to investigate or have inspections done.
What Sellers Don't Have to Disclose
Stigmatized Property Issues
New Jersey law does NOT require disclosure of:
| Not Required | Examples |
|---|---|
| Deaths on property | Natural death, suicide, homicide |
| Disease | HIV/AIDS, other illnesses |
| Certain crimes | Some criminal activity |
| Psychological impacts | Paranormal claims, etc. |
Agent Disclosure Duties
Regardless of seller disclosure, agents must disclose:
| Agent Must Disclose | Description |
|---|---|
| Known material defects | Physical property issues |
| Environmental hazards | If known to agent |
| Facts affecting value | Significant issues |
| Material latent defects | Hidden problems |
Federal Disclosure Requirements
Lead-Based Paint (Pre-1978 Homes)
For any home built before 1978:
| Requirement | Detail |
|---|---|
| EPA Pamphlet | Must provide to buyer |
| Known lead paint | Must disclose |
| Lead hazards | Must disclose if known |
| Inspection period | 10 days (can be waived) |
| Form | Specific federal form required |
Other Federal Requirements
| Disclosure | When Required |
|---|---|
| Flood zone | Required by lenders |
| Environmental hazards | Superfund sites, etc. |
Buyer Remedies for Non-Disclosure
If seller fails to disclose known defects:
| Remedy | Description |
|---|---|
| Rescission | Cancel the contract |
| Damages | Monetary compensation |
| Fraud claims | If intentional concealment |
| License complaints | Against licensee if involved |
"As Is" Sales
Even in "as is" sales:
- Seller must still disclose known defects
- "As is" doesn't eliminate disclosure duty
- Buyer takes property in current condition
- Seller still cannot actively conceal defects
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Test Your Knowledge
When must the Seller's Disclosure Statement be provided in New Jersey?
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Test Your Knowledge
Must a New Jersey seller disclose that a death occurred on the property?
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Test Your Knowledge
Does selling property "as is" eliminate the seller's disclosure obligations in New Jersey?
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D