Since August 1, 2024, New Jersey requires residential sellers to complete the state’s Seller’s Property Condition Disclosure Statement, and the buyer must have it before becoming obligated under a purchase contract. The flood-risk questions at the end of the form apply more widely: they’re required for every real property sale in the state, residential or not.
This article is general information, not legal advice. Talk to a New Jersey real estate attorney about your situation.
Key takeaways
- Questions 1 through 108 of the NJ seller disclosure form are mandatory for residential sellers under P.L.2024, c.32, which took effect August 1, 2024.
- The Flood Risk Addendum (questions 109 to 117) is mandatory for all sellers of real property under N.J.S.A. 56:8-19.2, even if questions 1 to 108 aren’t completed.
- The buyer must have the statement before becoming obligated under a purchase contract and acknowledges receipt before signing a contract of sale.
- Further down: a table of all 17 form sections with what to gather for each, plus a step-by-step timeline from listing to contract.
What changed in 2024
New Jersey sellers have filled out disclosure statements for years. But as Saiber LLP points out, “their use was always optional.”
That ended with P.L.2024, c.32 (Senate Bill S3192), approved July 10, 2024. NJ Realtors calls it the Real Estate Consumer Protection Enhancement Act.
Here’s how the duty works under the act. When a brokerage firm represents you in a residential sale, the firm must get a signed property condition disclosure statement, and you must give the firm the statement filled in and signed. If no brokerage represents you, or your firm is acting as a transaction broker, you give the statement to the buyer yourself before the buyer becomes obligated under any contract to purchase.
The same law also created designated agency and requires written brokerage services agreements, though neither changes the form itself.
For the rest of the process, from pricing to closing day, see our guide to selling a house in New Jersey.
Two laws, two triggers, two acknowledgments
The form looks like one document. Legally, it rests on two laws, which is why it has more than one signature block.
Questions 1 to 108: residential sales
These come from the text of P.L.2024, c.32. The Division of Consumer Affairs’ August 2024 instructions for the disclosure statement say completing questions 1 through 108 is mandatory for all sellers of residential real property in New Jersey. You answer to the best of your knowledge, before the buyer becomes obligated under any purchase contract.
Questions 109 to 117: every real property sale
The flood questions come from a different, earlier law: P.L.2023, c.93, the flood risk notification law, approved July 3, 2023 and codified for sellers at N.J.S.A. 56:8-19.2. According to the NJDEP flood disclosure page, seller flood disclosure has applied since March 20, 2024.
The instructions say the Flood Risk Addendum is mandatory for all sellers of real property, residential and non-residential. It applies whether or not questions 1 to 108 are completed.
Separate acknowledgments
You sign a separate acknowledgment for each portion of the statement you complete. A typical homeowner fills out both portions and signs both. A seller who completes only the flood addendum signs only that one.
What the form expects from you
The official Seller’s Property Condition Disclosure Statement runs 22 pages. It opens with a few ground rules:
- You must disclose any known material defects, even ones the printed form doesn’t address.
- You alone are the source of the information.
- Buyers are cautioned to inspect the property and the surrounding area, and the statement is no substitute for hiring qualified inspectors.
- For a multi-unit property, answer for all units and systems even when a question is worded in the singular.
Pay the most attention to the first rule. If you know about a material defect and no question covers it, the form still expects you to disclose it.
The 17 sections and what to gather
Sellers get tripped up when they answer from memory, so pull your paperwork first. The table below follows the form’s order.
| Section | What it asks (examples) | What to gather before you answer |
|---|---|---|
| 1. Occupancy | Age of house; if you live there and since when; year you bought; deed copy (Q1-3a) | Deed copy, purchase papers |
| 2. Roof | Roof age; replaced or repaired (Q4-5) | Roofer invoices |
| 3. Attic, Basements and Crawl Spaces | Mold or similar substance (Q9a); water or dampness repairs (Q10) | Waterproofing invoices, inspection reports |
| 4. Termites/Wood Destroying Insects, Dry Rot, Pests | Topic questions | Pest treatment records |
| 5. Structural Items | Topic questions | Repair invoices, inspection reports |
| 6. Additions/Remodels | Topic questions | Permits, contractor invoices |
| 7. Plumbing, Water and Sewage | Lead piping (Q41) | Plumber invoices |
| 8. Heating and Air Conditioning | Furnace age (Q52) | Service records |
| 9. Woodburning Stove or Fireplace | Topic questions | Chimney service invoices |
| 10. Electrical System | Topic questions | Electrician invoices, permits |
| 11. Land (Soils, Drainage and Boundaries) | Topic questions | Survey, drainage repair invoices |
| 12. Environmental Hazards | Underground storage tanks (Q80-81); toxic substances like lead-based paint | Tank records, inspection reports |
| 13. Deed Restrictions, Special Designations, HOA/Condos and Co-ops | Topic questions | Deed copy, HOA or condo documents |
| 14. Miscellaneous | Topic questions | Any other repair records |
| 15. Radon Gas | Testing or treatment; confidentiality waiver (initial yes/no) | Radon test reports, mitigation invoices |
| 16. Major Appliances and Other Items | In-ground pool (Q106c); items that may be included (Q107-108) | Appliance list |
| 17. Flood Risk | Flood zones, insurance, aid, claims, damage (Q109-117) | Insurance and claim records, elevation certificate |
“Topic questions” means this article doesn’t quote examples for that section. Read the full wording on the official form before you answer.
A note on radon
Radon has its own rule. Under N.J.S.A. 26:2D-73, an owner who tested or treated for radon may keep the results confidential until the owner and buyer enter a contract of sale. At that point, the test results and evidence of mitigation must go to the buyer. You can waive confidentiality in writing, which is why the form asks you to initial yes or no.
Flood questions, one by one
The Flood Risk Addendum has nine questions:
- Q109: Is the property in a Special Flood Hazard Area (the “100-year floodplain”) on FEMA’s current maps?
- Q110: Is it in a Moderate Risk Flood Hazard Area (the “500-year floodplain”)?
- Q111: Is there any federal requirement to carry flood insurance?
- Q112: Have you or prior owners received FEMA, SBA or other federal disaster assistance for flood damage? The form notes that the flood insurance requirement then passes to future owners.
- Q113: Is there flood insurance on the property? The form points out that standard homeowners policies typically don’t cover flood.
- Q114: Is a FEMA elevation certificate available? If so, you must share it with the buyer.
- Q115: Have flood claims been filed, and how much was received?
- Q116: Has the property had flood damage, seepage or pooled water from a natural flood event, and how many times?
- Q117: Explain any yes answers.
Questions 109 and 110 work differently from the rest. You must verify those answers, and you may use the NJDEP Flood Risk Notification Tool to do it. Questions 111 to 117 are answered from your actual knowledge.
My advice: run the address through the tool before you list, even if you’re sure the house sits high and dry. It takes a few minutes and backs up your answers to 109 and 110 with something concrete.
From listing to contract
Every step here comes from the timing rules in the act and the state instructions:
- Gather records. Deed, repair invoices, permits, test reports, insurance and claim records, and an elevation certificate if you have one.
- Complete the form. Questions 1 to 108 for a residential sale, plus the flood addendum (109 to 117) for any sale.
- Verify questions 109 and 110 with the NJDEP Flood Risk Notification Tool.
- Sign the acknowledgments, one for each portion you completed.
- Give your brokerage the filled-in, signed form if a brokerage represents you. Your agent confirms visually inspecting the property with reasonable diligence before giving the statement to the buyer.
- The buyer receives the statement and acknowledges receipt before signing the contract of sale. If no brokerage represents you, or you’re working with a transaction broker, you deliver it yourself before the buyer becomes obligated.
The disclosure is one piece of the paperwork. You’ll also want a handle on the money side, including closing costs in NJ and whether the New Jersey mansion tax comes up in your sale.
What the buyer signs
The buyer’s acknowledgment spells out what the statement is and isn’t. The buyer confirms receiving it before signing a contract of sale and accepts that:
- The statement is not a warranty.
- The buyer may hire inspectors at the buyer’s own expense.
- The form doesn’t address local conditions like noise, odors or traffic.
- The seller’s agent’s visual inspection is not a professional home inspection.
The act also protects brokerages in one specific way. A brokerage firm isn’t liable for information the seller was supposed to disclose and didn’t, as long as the licensee made reasonable efforts to learn material facts about the property’s physical condition, including asking the seller and doing a visual inspection. Put plainly, what goes on the form comes from you.
If you list with Houwzer, your agent collects the signed statement and does that visual inspection as part of a full-service listing at a 1% listing fee in New Jersey.
Selling a second property across the river? Pennsylvania has its own system, covered in our Pennsylvania seller disclosure guide.
FAQ
Is the NJ seller disclosure form mandatory now?
Yes, for residential sellers. Since August 1, 2024, P.L.2024, c.32 makes questions 1 to 108 mandatory, and the buyer must have the statement before becoming obligated under a purchase contract. The flood questions have been required for all real property sellers since March 20, 2024.
Do I need the flood addendum if I sell a commercial property or vacant land?
The state instructions say the Flood Risk Addendum is mandatory for all sellers of real property, residential and non-residential. That’s why it can apply even when questions 1 to 108 don’t. If you’re unsure how your parcel is classified, ask your attorney.
What if I’m an executor who never lived in the house?
The form has a block where executors, administrators and trustees state that they never occupied the property and lack personal knowledge to complete the statement. The flood addendum is required whether or not questions 1 to 108 are completed, so you’d still verify 109 and 110 and answer 111 to 117 from what you actually know. An estate attorney can tell you how to handle the rest.
Do I have to share radon test results?
If you tested or treated for radon, you can keep the results confidential until you and the buyer enter a contract of sale. At that point, N.J.S.A. 26:2D-73 requires that the test results and evidence of mitigation go to the buyer. You can also waive confidentiality in writing by initialing the form.
Does the agent’s visual inspection replace a home inspection?
No. The buyer acknowledges that the seller’s agent’s visual inspection is not a professional home inspection, and the form says the statement is no substitute for qualified inspectors. Buyers may hire inspectors at their own expense. For what happens after that report comes back, see what fixes are mandatory after a home inspection.
