NJ Seller Disclosure Statement Requirements: What Sellers and Agents Must Know
The short answer: Yes, New Jersey requires it. Sellers of residential property must answer questions 1 through 108 of the state's Seller's Property Condition Disclosure Statement, and every seller of real property, residential or not, must complete its Flood Risk questions (109 through 117). The buyer must have the answers before becoming obligated under a contract to buy (Division of Consumer Affairs instructions). The residential requirement comes from a law that took effect on August 1, 2024 (P.L. 2024, c.32).
This guide explains where the rule comes from, what the form asks, and what the agents on each side are expected to do. It's general information, not legal advice.
Where does the requirement come from?
Three laws fit together:
- The form. New Jersey law refers to a property condition disclosure statement whose form follows rules adopted by the Division of Consumer Affairs in consultation with the Real Estate Commission (N.J.S.A. 56:8-19.1). The Commission says that form is set out at N.J.A.C. 13:45A-29.1(d) (NJREC Bulletin 24-11).
- The 2024 law. When a brokerage firm represents the seller in a residential transaction, it must obtain the statement filled in and signed by the seller. If the seller has no brokerage firm, or works with a transaction broker, the seller must give the statement to the buyer before the buyer becomes obligated under any purchase contract (P.L. 2024, c.32, s.2.e).
- The flood law. Every seller of real property in New Jersey must disclose on the statement whether the property is in a FEMA Special or Moderate Risk Flood Hazard Area, plus anything they actually know about its flood risk, before the purchaser is bound (N.J.S.A. 56:8-19.2, enacted by P.L. 2023, c.93).
The Division reads these together. Questions 1 through 108 are mandatory for all residential sellers, and the Flood Risk Addendum is mandatory for all sellers of real property "regardless of whether a seller completes questions 1-108" (DCA instructions). For non-residential sales, questions 1 through 108 are optional (NJDEP flood disclosure FAQ).
What does the form ask about?
The current form is organized into these sections:
| Section | Examples of what it asks |
|---|---|
| Occupancy, roof | Age of the house and roof, roof leaks or repairs |
| Attic, basements and crawl spaces | Sump pumps, water or dampness, mold, foundation cracks |
| Termites, dry rot, pests | Infestations, damage, treatments, pest-control contracts |
| Structural items, additions/remodels | Movement or shifting, fire or flood damage, whether permits were obtained |
| Plumbing, water and sewage | Water source, leaks, lead piping (including the service line) |
| Heating and air conditioning, fireplace, electrical | System types and ages, tanks on the property, known problems |
| Land and environmental hazards | Drainage, boundaries, hazardous or toxic substances |
| Deed restrictions, HOA/condo/co-op | Historic district or Pinelands limits, association dues and assessments |
| Miscellaneous | Legal actions, code or zoning violations, liens, other material defects |
| Radon, appliances | Radon testing or remediation, which items work |
| Flood Risk (109–117) | Flood zone, flood insurance, FEMA assistance, elevation certificate, prior claims and flooding |
Question 97 asks about any other material defects, and defines a defect as "material" if a reasonable person would attach importance to it in deciding whether or how to proceed.
Does the seller have to know every answer?
No. Questions 1 through 108 are answered "to the best of the seller's knowledge," and many offer an "Unknown" box (DCA instructions). But the form also says the seller must disclose any known material defects "even if not addressed in this printed form" (the form).
The flood questions work differently. Sellers must verify whether the property is in a FEMA flood hazard area (questions 109 and 110), and may do it with the state's Flood Risk Notification Tool at flooddisclosure.nj.gov. Questions 111 through 117 are answered from actual knowledge (DCA instructions).
The form also has a signature block for an executor, administrator or trustee who has never occupied the property and lacks personal knowledge. If you're selling for an estate, ask the estate's attorney how to complete it.
What does the seller's agent have to do?
Under the 2024 law, a brokerage firm must:
- Obtain the signed statement from a residential seller it represents (P.L. 2024, c.32, s.2.e).
- Make a reasonable effort to learn material information about the condition of every property it markets. The licensee isn't held to the standard of a licensed property inspector unless they are one (s.2.j).
- Disclose material information it knows, or that a reasonable effort would have revealed, about the property's physical condition (s.2.f). The Commission's rule says the same thing in older terms: a reasonable effort means at least asking the seller and visually inspecting the property (N.J.A.C. 11:5-6.4).
The law also limits a firm's liability for information the seller was supposed to disclose on the statement, as long as the licensee made reasonable efforts (including asking the seller and visually inspecting the property) and passed along what the law requires (s.12.b). A similar protection under the Consumer Fraud Act applies when the licensee tells the buyer the seller is the source of the information and visually inspected the property with reasonable diligence first. If the form shows water, dampness or mold, the licensee refers the buyer to the state's "Mold Guidelines for New Jersey Residents" (N.J.S.A. 56:8-19.1).
The form's own acknowledgment block reflects this. The seller's licensee confirms they visually inspected the property with reasonable diligence before giving the buyer a copy.
What should buyers take from the form?
It's a starting point, not a guarantee. By signing, the buyer acknowledges that the statement isn't a warranty, that the property may be inspected by qualified professionals at the buyer's expense, and that the agent's visual inspection is not a home inspection (the form). In New Jersey, only licensed home inspectors may perform home inspections (N.J.A.C. 13:40-15.1). The form also doesn't cover neighborhood conditions such as noise, odors or traffic.
Our guide to attorney review explains the three-day window that follows signing, and the agency on the NJ exam page covers the licensee's disclosure duties in more depth.
Are there other disclosures in a NJ home sale?
Yes. For most housing built before 1978, federal rules require the seller and agents to give buyers the EPA lead pamphlet, disclose known lead-based paint and hazards, and attach a Lead Warning Statement. Buyers also get a 10-day opportunity to inspect for lead, which the parties can change in writing or the buyer can waive (EPA; 40 CFR 745.110). And New Jersey residential contracts must include a Megan's Law statement (N.J.A.C. 11:5-6.4). What stays with the house is a separate question, covered in fixtures vs. personal property.
Disclosure duties are part of what NJ pre-licensing students learn before they ever list a home. Business Elementary's 75-hour pre-licensing course page explains that first step.
Sources
- P.L. 2024, c.32 (Real Estate Consumer Protection Enhancement Act; approved July 10, 2024, effective August 1, 2024): https://pub.njleg.state.nj.us/Bills/2024/PL24/32_.PDF
- NJ Division of Consumer Affairs, Seller's Property Condition Disclosure Statement: https://www.njconsumeraffairs.gov/Documents/Sellers-Property-Condition-Disclosure-Statement.pdf ; Instructions (August 2024): https://www.njconsumeraffairs.gov/ocp/Documents/Sellers-Property-Condition-Disclosure-Statement-Instruction-Sheet-August-2024.pdf
- P.L. 2023, c.93 (N.J.S.A. 56:8-19.2, flood risk disclosure): https://pub.njleg.state.nj.us/Bills/2022/PL23/93_.PDF
- NJDEP, Flood Risk Disclosure FAQ (Sept. 30, 2024): https://dep.nj.gov/wp-content/uploads/flooddisclosure/faqs_disclosure_09.30.24.pdf
- N.J.S.A. 56:8-19.1 (via Justia): https://law.justia.com/codes/new-jersey/title-56/section-56-8-19-1/
- NJREC/DOBI Bulletin 24-11 (Aug. 1, 2024): https://www.nj.gov/dobi/bulletins/blt24_11.pdf
- N.J.A.C. 11:5-6.4 (via Cornell LII): https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-5-6-4
- N.J.A.C. 13:40-15.1 (via Cornell LII): https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-40-15-1
- U.S. EPA, Real Estate Disclosures about Potential Lead Hazards: https://www.epa.gov/lead/real-estate-disclosures-about-potential-lead-hazards ; 40 CFR Part 745, Subpart F: https://www.ecfr.gov/current/title-40/part-745/subpart-F
Last reviewed: October 28, 2026
Related guides:
- Listing a home built before 1978? Lead-Based Paint Disclosure for Pre-1978 Homes walks through the federal pamphlet, warning statement, 10-day inspection window and the agent's own duties.
- Planning the closing timeline? Smoke and CO Alarm Certificates for NJ Home Sales and Rentals explains the certificate a 1-2 family home needs before a sale or new tenant, and what changed in 2025.
- Selling in a town with its own resale inspection? Resale Certificates of Occupancy in NJ: Why Town Rules Differ explains why there's no single statewide rule and how to find and plan for the local one.
- Older home heated with oil? Underground Oil Tanks in NJ Home Sales explains the tank questions on the disclosure form, what happens if a tank leaked, and who can be liable.
Frequently Asked Questions
When does a NJ buyer have to receive the seller's disclosure statement?
Before the buyer becomes obligated under any contract to buy the property (P.L. 2024, c.32; N.J.S.A. 56:8-19.2).
Do commercial sellers have to fill out the form?
They must complete the Flood Risk Addendum (questions 109–117). Questions 1–108 are optional for non-residential sales (NJDEP flood disclosure FAQ).
Can a seller answer "unknown"?
On many questions, yes, since most are answered to the best of the seller's knowledge. The FEMA flood-zone questions (109 and 110) must be verified, for example with the state's tool at flooddisclosure.nj.gov (DCA instructions).
Is the agent's walk-through a home in
No. The buyer acknowledges on the form that the seller's agent's visual inspection isn't a professional home inspection by a licensed home inspector (the form).
Does the form have to mention lead pipes?
Yes. State law requires a question on lead plumbing, including the service line, piping, fixtures and solder (N.J.S.A. 56:8-19.1). It's question 41 on the current form.