Seller disclosure requirements in New Jersey

Which law requires the form?

Two laws work together, and the state’s own instructions explain both:

• P.L. 2024, c.32 (signed July 10, 2024, effective August 1, 2024) made the form mandatory for residential sellers. The Department of Banking and Insurance’s Bulletin 24-11 explains that a brokerage firm must obtain a signed statement from the seller. The form is the one provided for in N.J.S.A. 56:8-19.1 and set out at N.J.A.C. 13:45A-29.1(d).
• N.J.S.A. 56:8-19.2 makes the Flood Risk Addendum mandatory for sellers of any real property, residential or non-residential.

If a seller has no agent, the same bulletin says the seller must still give the form to the buyer “before the buyer becomes obligated under any contract.”

What does the form cover?

The seller alone is the source of the answers, and they are given “to the best of the seller’s knowledge” unless a question says otherwise. The December 2023 version of the form, which we read in full (the flood questions were numbered differently then), groups its questions under headings including:

• occupancy, roof, basement and attic;
• termites, wood-destroying insects and pests;
• structural items, additions and remodels (including whether permits were obtained);
• plumbing, water and sewage, including private wells and septic systems;
• heating and air conditioning, fireplaces and wood stoves, and the electrical system;
• flood zone and drainage, easements and encroachments, and the property survey;
• environmental hazards, including underground storage tanks and radon;
• deed restrictions, homeowners associations, legal actions and code violations;
• appliances and items included in the sale.

The instructions add that a seller must disclose “any known material defects in the property even if not addressed in this printed form.” For multi-unit properties, the seller answers for every unit and system.

What is the Flood Risk Addendum?

Questions 109 through 117 ask about flood risk. Sellers must verify questions 109 and 110, and the state suggests the Department of Environmental Protection’s tool at flooddisclosure.nj.gov. Questions 111 through 117 are answered from the seller’s actual knowledge, so a seller who does not know the flood history says so rather than guessing. The Division of Consumer Affairs says the addendum must be completed whether or not the seller answers questions 1 through 108.

For buyers, the flood questions are useful next to our guide on flood insurance.

When must the seller provide it?

The seller signs a separate acknowledgment for each part. A seller who does not answer questions 1 through 108 does not sign for that part, but must always complete and acknowledge the flood addendum.

The form also has a buyer’s receipt, stating the buyer received it “prior to signing a Contract of Sale.” The seller’s agent signs a section confirming they visually inspected the property with reasonable diligence before giving the form to the buyer.

Estate sales have their own path: an executor, administrator or trustee who has never lived in the home signs that they lack the personal knowledge to complete the statement.

What the form is not

The form says it is “not a warranty.” The seller affirms the answers are accurate to the best of their knowledge, and buyers are told to inspect the property and the surrounding area themselves. See our home inspection cost guide. The sources we read do not state a specific buyer remedy or penalty for a false answer, and they list no exemptions from the residential requirement. If a seller’s answers turn out to be wrong, ask a New Jersey attorney. Our real estate attorney page explains the three-day attorney review of the contract.

Federal lead-based paint rule (homes built before 1978)

Separately, federal law requires sellers and agents of homes built before 1978 to:

• disclose known lead-based paint and hazards, and hand over available records and reports;
• give the buyer the EPA pamphlet Protect Your Family From Lead In Your Home;
• include a Lead Warning Statement in the contract;
• offer the buyer 10 days for a paint inspection or risk assessment, which the parties can change in writing or the buyer can waive;
• keep signed disclosures for three years after the sale.

EPA lists exemptions, including homes built after 1977, foreclosure sales, and housing where certified testing found the painted surfaces lead-free.