Sell in Elizabeth with Meydomo

No Statutory Disclosure Form – Common Law Fraud Prohibition

New Jersey does **not** require a seller to fill out a formal property condition disclosure form by statute. However, under New Jersey case law, sellers must disclose **latent material defects** that are known to them and not easily discoverable by the buyer. Failing to do so can constitute fraudulent concealment. In practice, most NJ sellers (through their agents) **do** complete a voluntary Seller’s Property Condition Disclosure Statement (a form developed by the NJ REALTORS®) and provide it to buyers, but it’s not mandated by law. New Jersey courts have held that even in an “as is” sale, sellers cannot actively hide defects or lie if asked. Specific New Jersey statutes also mandate certain disclosures: for example, the presence of lead plumbing (and the results of any lead water test) must be shared, and if the property is in the Highlands or Meadowlands regulated areas, that should be disclosed. Sellers of properties with private wells must comply with the Private Well Testing Act (provide well water test results to buyers). New Jersey also requires a **notice about flood hazards** to be signed by buyers and sellers in flood-prone areas effective 2023 (the Flood Risk Disclosure law).

• NJ Common Law (Strawn v. Canuso, 140 N.J. 43)
• N.J.S.A. 58:12A-27 (Well Testing Act)

MLS Practices (NJMLS, GSMLS, etc.)

New Jersey has multiple MLS systems. A listing agreement is required. Clear Cooperation is observed (NJMLS, for instance, requires submitting the listing to MLS within 24 hours of any public marketing). MLS listings in NJ typically include whether a seller’s disclosure form is available – many agents will upload the completed disclosure form as a document on the MLS. MLS remarks often indicate “Home being sold in as-is condition” if the seller won’t do repairs, but that does not absolve the seller from disclosing hidden defects. The MLS will fine for missing photos or late status changes. They also pay attention to any language in remarks like “ideal for a young family” (which could be familial status discrimination) and will remove it. Because of the prevalence of required municipal certificates, agents often note in MLS who is responsible for the CO or smoke cert (buyer or seller). This helps set expectations but is more of a contract negotiation point than a disclosure.

• NJMLS Rules & Regulations

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right. (New Jersey additionally has its own law requiring distribution of the EPA pamphlet and a signed acknowledgement for pre-1978 properties.)

• 42 U.S.C. 4852d
• N.J.A.C. 5:10-6.1

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act (and New Jersey’s Law Against Discrimination), sellers and agents must not publish any discriminatory advertisements concerning protected classes. NJ adds protected categories like civil union status and source of income. Any exclusionary language in listings (e.g., 'adults only' or 'no Section 8') is illegal.

• 42 U.S.C. §3604(c)
• N.J. Stat. §10:5-12(g)(2)