Thinking Of…, Home Seller in Marlton, NJ

is it true NJ requires a seller to replace windows with condensation before selling. My windows had condensation when installed they caulked

Asked by Thinking Of Selling, Marlton, NJ Wed Mar 9, 2011

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Robert Kelly, Agent, Moorestown, NJ
Wed Mar 9, 2011
Yes, it is stated in our NJ contracts that all windows (including seals) along with other systems must be operational. Unfortunately, it the buyer requests that they be replaced or repaired, you would be expected to do so unless your contract states that windows are "as-is". Of course, you can always refuse and risk that the buyer will go elsewhere. If you haven't listed your house as yet, I would recommend having the work done prior to listing. If you need recommendations of professionals that can do that kind of work, let me know and I would be glad to help.
1 vote
Bonnie Mushn…, Agent, Cherry Hill, NJ
Wed Mar 9, 2011
As per NJ real estate sales contracts, windows and seals must be in working order. There are a number of ways to address this. When your contract is written you could specify windows "as is" or you can bite the bullet and make the necessary repairs now. Another scenario to consider is if you have a serious buyer, you agree to fix them before closing giving you a bit more time to defer the cost. Unfortunately with the large inventory of homes on the resale market, buyer's are apt to walk away from a home if things are not up to date and in perfect working order.
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Patrick Coty, Agent, Cherry Hill, NJ
Tue Dec 10, 2013
The state of NJ has no such legal requirement that I am aware of. However, in paragraph 23 of the standard contract, broken seals are considered to be defects. A buyer may ask for windows with broken seals to be replaced but the seller is under no compulsion by the state of NJ to do so.

If there was condensation in the windows when they were installed, I would suggest exploring if there was a manufacturers warranty.

You might be surprised how relatively inexpensive it is t have glass replaced in windows with a broken seal.
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Diane Glander, Agent, Spring Lake, NJ
Sat Mar 12, 2011
There is nothing in NJ that requires a seller to replace the windows. It could be a local municipality item. Was it a failure for your c/o?
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The requirements of a CO also vary greatly by area - as an example in my market, the CO is a visit from township fire inspector to ensure that the smoke, fire, and carbon monoxide detectors are properly installed/functional.
Flag Wed Dec 11, 2013
Janet Larsen, Agent, Turnersville, NJ
Thu Mar 10, 2011
That is what the Burlington County Board of Realtors Contracts state, however, you can have an attorney prepare contracts or an agent can remove that paragraph from the contract at your request. If you disclose it prior to the sale, and adjust the price of your home to compensate for that issue, all should be fine. If you need assistance, contact me. We have three offices, Marlton, Turnersville and Mantua and I know your area well.

Janet Larsen, Broker/Associate
Remax Connection
Cell: 856-261-6910
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Lynn Thomson, Agent, Moorestown, NJ
Thu Mar 10, 2011
Dear homeowner:

The Burlington County Board of Realtors Contract of Sale specifically states that the seller is responsible for replacing any broken window seals. This is the condition you have described.

You have the option of selling the windows "as is", but not recommended. Anytime you mention the word
"as is" you are discounting your price.

Please feel free to call me on my cell phone at anytime. I would be happy to explain in detail.

Lynn Thomson
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Ines De La C…, Agent, Marlton, NJ
Wed Mar 9, 2011
Hello Thinking of Selling
Thank you for your question.
In the agreement of sale (Paragraph 23) Burlington Camden Board of Realtors specifies windows have to be in good working order including seals.
The buyer or the appraiser may call for it to be repaired if you are selling in a regular sale.
Now. if you are selling the home "as is" you do not and the buyer will have to do it if the appraiser calls for it in their report.
I will be happy to answer any other questions you may have.
Good luck on the sale of your home!
Ines De La Cruz
RE/MAX Connection, Realtors
1000 Lincoln Dr. E, Suite B-2, Marlton NJ 08053
Cell: 609-313-8518 Office: 856-988-1800 ext. 169 Fax: 856-988-8020
*Smart phone users* text Homes2u to 87778 to activate my free mobile site
for current Real Estate info on neighborhoods and see properties in South Jersey.
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Patrick Coty, Agent, Cherry Hill, NJ
Wed Mar 9, 2011
Paragraph 23 of the standard contract used in south jersey specifies that windows should be in good operating condition with no broken seals. When you indicate condensation, can you specify more what the issue is?

Patrick Coty
Prudential Fox & Roach REALTORS
Marlton Office
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Jessica Noon…, Agent, Medford, NJ
Wed Mar 9, 2011
It isn't so much that NEW JERSEY requires this, but that the standard CONTRACT OF SALE requires this. (Although some townships DO require this as part of their Certificate of Occupancy requirement.)

Do keep in mind the contract specifies that the seals need to be in working order - not that the windows need to be replaced. There are contractors out there who can "vacuum seal" the panes and then re-caulk the seals. Pursue this option to see if it could work for your specific situation.

Best of luck! Please let me know if I can be of any additional service!


Jessica E. Nooney
Weichert Realtors
(609) 654-8633 Ext. 121
(609) 276-8183 (CELL)
(609) 479-5333 (Direct Fax)

Winner of the 2010 NJAR Circle of Excellence Award
Winner of the Weichert Million Dollar Club - Sales/Marketing

"Helping You Reach Your Real Estate Goals - Buying or Selling"
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Audeliz Angie…, Agent, Westfield, NJ
Wed Mar 9, 2011

If you are thinking of selling and this is a home repair that you are concerned about, you may just want to fix it since it could prevent a buyer from buying.

I have a similiar issue in my home where my screen door to my balcony falls off the track despite my best efforts to replace and keep it on track. It's the little stuff that can make a break a deal if you are in a tight, tough market. My widows also have the same issue. I hate it, but what can you do: Fix it, offer credit or hope that the buyer is a do it him/herselfer type of person.

The other alternative is to let it play out. If you have a fantasic home, some buyers might overlook this detail even if their home inspector reports it.
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Tim Moore, Agent, Kitty Hawk, NC
Wed Mar 9, 2011
It is not just NJ but everywhere I know of. If something is not performing the function it is designed to do, the buyer can ask to have it replaced or repaired. the seller always has the ability to say NO and take the risk of the buyer walking away and taking his deposit with him if you do. Electrical, plumbing, doors, windows, roofs, appliances and more all fall under this. A buyer can ask for you to replace carpet, but saying no to that is not a cause to walk away and retain your deposit like it is for those other examples since that is a cosmetic problem.
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