Short Answer
In New Jersey, sellers are required to complete a Seller's Property Disclosure Statement that discloses known material defects affecting the property's value or safety. This includes issues with the roof, foundation, basement, HVAC, plumbing, electrical, septic, well, pests, mold, lead paint, asbestos, and any past repairs or insurance claims. You must disclose known defects even if they are not visible. Failure to disclose can lead to legal liability after the sale. When in doubt, disclose. Your agent will guide you through the disclosure process.
New Jersey law requires sellers to complete a Seller's Property Disclosure Statement before accepting an offer. This form asks specific questions about the condition of the property, including the roof, basement, foundation, structure, HVAC systems, plumbing, electrical, water supply, sewer or septic system, pests, and any known environmental hazards. You must disclose defects you know about, even if you have fixed them. You are not required to inspect for defects you do not know about, but you cannot hide known issues. The disclosure form also asks about past insurance claims, lawsuits, and any notices from government agencies about the property. If you are unsure whether something needs to be disclosed, it is better to disclose it. The buyer will conduct their own inspections and may discover issues. If they discover an issue that you knew about but did not disclose, they may have legal recourse after the sale. Your agent should provide you with the disclosure form early in the process and help you complete it accurately. Some sellers choose to have a pre-listing inspection so they can disclose any issues proactively and avoid surprises during the buyer's inspection.
Bob's Advice
Redfin Senior Agent · AI Certified Agent
Full disclosure is the best policy. I have seen sellers get into legal trouble for failing to disclose known issues. I will walk you through the disclosure form and help you identify what needs to be disclosed. If you are unsure about an issue, disclose it. A pre-listing inspection can help you identify issues before the buyer does, which allows you to address them proactively or adjust your price. Honesty is the foundation of a smooth transaction, and I will make sure you are protected.
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