What must a home seller disclose in New Jersey?

New Jersey is a partial caveat emptor state with a judicial duty of disclosure.

1. No Statutory Disclosure Form

The legislature has not enacted a mandatory form. The NJ Realtors Form 140 — Seller's Property Condition Disclosure Statement is industry standard but voluntary.

2. Strawn v. Canuso Off-Site Doctrine

Strawn v. Canuso, 140 N.J. 43 (1995), held that sellers of newly-constructed homes and professional brokers have a duty to disclose off-site physical conditions known to them and unknown and not readily observable to the buyer that materially affect the value of the property (e.g., adjacent landfill, contamination plume).

Codified in New Residential Construction Off-Site Conditions Disclosure Act, N.J.S.A. 46:3C-1.

3. On-Site Latent Defects

Weintraub v. Krobatsch, 64 N.J. 445 (1974): seller may not fraudulently conceal known defects (the famous "cockroach infestation" case).

4. Lead-Based Paint

Federal 42 USC § 4852d for pre-1978 dwellings.

5. Other Mandatory Disclosures

Megan's Law notice (N.J.S.A. 2C:7-6).

Flood risk disclosure under recent amendments (P.L. 2023, c.93) for sales after March 20, 2024.

Private well water testing under N.J.S.A. 58:12A-26 (Private Well Testing Act).

6. "As-Is" Sales

An "as-is" clause does not waive fraud or Consumer Fraud Act liability (N.J.S.A. 56:8-2).

7. Statute of Limitations

6 years for fraud and contract (N.J.S.A. 2A:14-1).

This is legal information, not legal advice.