NJ Real Estate Disclosure form

Asked by Mandy, 08753 Mon May 2, 2011

Is it NJ law in Toms River, NJ Zip code: 08753 that a seller must fill out and complete a sellers disclosure form.
If so, is it a law and when did it become law. My e-mail is dm.garrabrant@ubs.com
Thank you.

Help the community by answering this question:

+ web reference
Web reference:

Answers

15
Marc Paolella, Agent, Succasunna, NJ
Tue Jun 7, 2011
Hi Mandy,

If you do not fill one out, it will raise suspicions and discourage offers. I would advise my buyers not to buy your house. If you are unwilling to fill it out, there must be a reason.

-Marc

Marc Paolella
Relocation Director/Appraiser
Century 21 Joe Tekula Realtors
201 Route 10 East
Succasunna, NJ 07876
Phone (direct): (973) 584-4235
Free, no sign-up, map-based home search: http://www.marcpaolella.com
Web Reference:  http://wwwmarcpaolella.com
2 votes
you should not be advising buyers not to buy the form is not NJ Law its a realtor protection and is not necessary a reason behind not filling it out the seller is opening them self up for A law suit the buyer should hire a realestate engineer to check the house completely
Flag Mon Apr 11, 2016
Mary Petti, Agent, Edison, NJ
Sat Sep 10, 2011
Ths question was asked back in May.

I am sure the questioner already realizes it's not mandatory in NJ
1 vote
Joan Congilo…, Agent, Freehold, NJ
Mon May 2, 2011
Hi Mandy
It is customary in this area that most real estate offices have the homeowners fill out a sellers disclosure for review by all prospective buyers but it is not mandatory & some real estate offices don't use them at all. Lead paint disclosures however, are required to be filled out by all sellers on any home built before 1978. If you are purchasing a home & the sellers are not providing a sellers disclosure statement make sure you ask lots of questions about the home up front & during attorney review. Lastly, make sure you have a full home inspection done to make sure the home is sound.
Web Reference:  http://www.joancongilose.com
1 vote
Anthony Baro…, Agent, Toms River, NJ
Mon May 2, 2011
Thanks Jim....beat you by a second..lol....
1 vote
Steven Buch, Agent, Elizabeth, NJ
Thu Dec 26, 2013
Absolutely agree with my fellow realtors. Furthermore, it is in the seller's best interest for the following reason: Should a disappointed buyer claim you said X, when you did not do so, you are better served and protected by a written and acknowledged document showing exactly what you did say; er "write!"

S
0 votes
Jameelah Sal…, Agent, Brick, NJ
Fri Sep 9, 2011
A Seller's Disclosure Statement is use for a residential sales transaction and is a major part of a home sale. This disclosure statement concerns the condition of property and is completed by the seller, to the best of their knowledge. This includes numerous categories such as land condition, structural condition, plumbing, roofing, electrical, additions or remodeling of the property. A written disclosure is the best way to clearly communicate information, reduce uncertainty and misunderstandings, thus giving buyers confidence and peace of mind when negotiating.
It is in a seller’s best interest to thoroughly disclose any defects which are not readily observable. However, it is not mandatory.
0 votes
Dennis Knight, Agent, Millstone, NJ
Wed Sep 7, 2011
As stated many times, it's not a NJ law. What no one mentioned is the reason it is many times discouraged. Many stories through the years fo sellers being pressed against the wall to make all sorts of repairs, because of inspections determining repairs, often even minor, due to the disclosure form indicating fraudulent reporting by the seller. Not because the seller was fraudulent, but, because of wording in the forms.
0 votes
Francesca Pa…, Agent, Manasquan, NJ
Sun May 29, 2011
Not the law, but it is advisable to fill one out as long as the property is not (1) an investment property or (2) an estate. Not filling out a discloure is typically a red flag to buyers that there must be something a seller is unwilling to disclose.

Recently had a buyer receive a seller's disclosure and questioned it's completeness. Dammned if you do, damned if you don't. Go figure.

Francesca Patrizio, Broker Sales Associate
Francesa @PatriziorRE.com
732.606.2931
Web Reference:  http://www.PatrizioRE.com
0 votes
Jameelah Sal…, Agent, Brick, NJ
Mon May 2, 2011
A Seller's Disclosure Statement is use for a residential sales transaction and is a major part of a home sale. This disclosure statement concerns the condition of property and is completed by the seller, to the best of their knowledge. This includes numerous categories such as land condition, structural condition, plumbing, roofing, electrical, additions or remodeling of the property. A written disclosure is the best way to clearly communicate information, reduce uncertainty and misunderstandings, thus giving buyers confidence and peace of mind when negotiating.
It is in a seller’s best interest to thoroughly disclose any defects which are not readily observable. However, it is not mandatory.
For additional information call 848-448-8707--or visit my website http://Jameelah.ListingBook.com
0 votes
Laura Gianno…, Agent, Manahawkin, NJ
Mon May 2, 2011
As previously stated, NJ does not require a seller's disclosure. If one is not filled out, I request the seller sign a waiver outlining that they know a seller's disclosure helps to sell a home, but is not mandatory in NJ.
0 votes
Mary Petti, Agent, Edison, NJ
Mon May 2, 2011
@Fred. A sellers disclosure is NOT required by law in NEW JERSEY. Some agencies in my area never use them as part of their office policy while others always use them.
0 votes
Brian Mac Fa…, Agent, Manahawkin, NJ
Mon May 2, 2011
It is not a law in the sate of New Jersey for seller's to fill it out. However, many REALTORS request seller's to fill it out. If you're thinking of making an offer have your buyer's agent request a copy if available. It there isn't one available you can't force the seller to present it. Regardless of having a copy or not I would always recommend a home inspection. That's really the best way to know the condition of a home.

I hope this helps!!
0 votes
James Flanag…, Agent, Toms River, NJ
Mon May 2, 2011
Mandy,

Anthony is correct. It is NOT a state law in New Jersey. However, most Real Estate Brokers, like myself, require it as it reduces liability and increases trust. It is not a legally binding form and it is used for informational purposes only. I will send the information you requested to the e-mail address included.
Web Reference:  http://FlanaganRealty.com
0 votes
Anthony Baro…, Agent, Toms River, NJ
Mon May 2, 2011
It is not a law in NJ period however it is Policy for many of the Real estate agencies
0 votes
Fred Glick, Agent, Mountain View, CA
Mon May 2, 2011
It is actually state law. Are you using a real estate agent? If so, they can give you all the details.

Don't sign an agreement without it. But, if you did, it would get caught by your attorney in the attorney review period.

Good luck!
Web Reference:  http://fredglick.com
0 votes
Search Advice
Search
Ask our community a question

Email me when…

Learn more