Updated October 2026. New Jersey session laws, regulations and court decisions checked on October 31, 2026.
New Jersey sellers must give the buyer a signed property condition disclosure statement before the buyer is bound by a contract. Since August 1, 2024, that applies even when you sell without an agent. The form also carries 8 flood risk questions added by a 2023 law, and homes built before 1978 add the federal lead paint disclosure.
Beycome doesn’t list homes in New Jersey yet. This guide explains the state’s disclosure rules so you can get them right on your own. Want to know when we open here? Ask to be notified.
Jump to: 👤 Who · ⏱️ When · 🌊 Flood risk · 📍 As is · 📄 Other forms · ❓ FAQ
Key takeaways
- The form is the Seller’s Property Condition Disclosure Statement from the New Jersey Division of Consumer Affairs.
- P.L.2024, c.32 made it a duty for sellers with or without an agent, starting August 1, 2024.
- P.L.2023, c.93 added a flood risk section for every seller of real property in New Jersey.
- If you have a FEMA elevation certificate, you must share it with the buyer.
Who has to fill out the New Jersey seller disclosure?
The form itself traces back to a 1999 law, P.L.1999, c.76. The duty to hand it over got much clearer with the Real Estate Consumer Protection Enhancement Act, P.L.2024, c.32, signed on July 10, 2024.
The law covers residential sales. When an agent represents you, the agent must get the form filled in and signed by you. When you sell on your own, the law puts the duty on you. You give the statement to the buyer before the buyer becomes obligated under any contract.
The flood section reaches further. P.L.2023, c.93 applies to “a seller of real property located in this State.” That’s every seller, not only homeowners selling a house.
If you’re selling a house you inherited, read our guide on selling a deceased parent’s house. Ask an attorney how the disclosure rules apply to an estate sale.
When do you give the buyer the disclosure?
Before the buyer signs. Both laws use the same trigger: the buyer gets the statement “before the purchaser becomes obligated under any contract.” In practice, that means with the first serious offer, or as soon as a buyer asks.
Give it early. A buyer who learns about a wet basement after signing has grounds to walk away or ask for money. A buyer who learns about it first can price it in. If something changes before closing, like a new leak, tell the buyer in writing.
Keep a copy signed by the buyer, with the date. It’s your proof you disclosed on time. Our paperwork checklist shows where it fits in your file.
What are the New Jersey flood risk disclosure questions?
The 2023 law lists the questions word for word. You answer yes, no or unknown, and explain any yes. Here they are in plain English, with where to find each answer.
| Question | Where to find the answer |
|---|---|
| 1. Is the property in FEMA’s Special Flood Hazard Area (100-year floodplain)? | The DEP flood look-up tool or FEMA’s flood maps |
| 2. Is it in a Moderate Risk Flood Hazard Area (500-year floodplain)? | Same maps |
| 3. Does federal law require flood insurance on it? | Your lender or mortgage statement |
| 4. Did you or a past owner get FEMA, SBA or other federal flood aid? | Your records; aid can make insurance a must for every future owner |
| 5. Is there flood insurance on the property? | Your insurance policy |
| 6. Is there a FEMA elevation certificate? | Your closing file or a surveyor; if yes, share it |
| 7. Have you filed a flood damage claim, and how much was paid? | Your insurer or NFIP records |
| 8. Has the property flooded, had seepage or pooled water from a natural flood event, and how many times? | Your own knowledge |
The law also makes the first two answers easy to find. It tells the Department of Environmental Protection to run a free look-up tool by mailing address. You’ll find it through the DEP’s flood disclosure page.
The form also warns buyers that flood risk across the state is rising, and that a standard homeowner’s policy usually doesn’t cover floods. If your home took on water in the past, our guide on remodeling after a flood covers the repair records worth keeping.
Can you sell “as is” and skip the disclosure?
No. You can sell as is, which means you won’t make repairs. But “as is” doesn’t cancel the duty to disclose what you know.
New Jersey courts made that clear long before the 2024 law. In Weintraub v. Krobatsch (1974), the state Supreme Court held that a seller’s silence about a serious defect the buyer couldn’t see can be fraud. Later courts call it the seminal New Jersey decision on nondisclosure.
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Buy a home →The flood rules also sit inside the chapter of New Jersey law that holds the Consumer Fraud Act. That raises the stakes for a false or missing answer. If you’re unsure how to word one, ask an attorney before you sign. Our guide to selling as is covers pricing and repairs.
What other forms and certificates do New Jersey sellers need?
Lead-based paint disclosure
For homes built before 1978, federal law adds a lead paint disclosure and an EPA pamphlet. The buyer gets 10 days to test unless they waive it in writing. See our lead-based paint guide.
Smoke and carbon monoxide alarm certificate
Before a one- or two-family home or townhouse is sold, the owner must get a certificate from the local fire official showing working alarms (N.J.A.C. 5:70-2.3). It isn’t a disclosure, but closing usually can’t happen without it. Since February 3, 2025, state law also requires a warning label near the main electrical panel and meter if the home has a secondary power source, meaning a second or backup supply of electricity.
Realty transfer fee affidavit
If you claim a full or partial exemption from the realty transfer fee, you sign Form RTF-1 before a notary, and it’s recorded with the deed.
For the bigger picture, our guide to disclosures when selling a house covers what most states ask for. Selling the whole house yourself? Start with our guide to selling by owner.
More New Jersey guides: How to Sell Your House in New Jersey Without a Realtor, NJ Realty Transfer Fee and Mansion Tax: Who Pays (2026), New Jersey Attorney Review Period: How the 3 Days Work, Sell Your House by Owner in Jersey City, NJ (2026).
New Jersey seller disclosure questions
Is a seller disclosure required in New Jersey?
Yes. Since August 1, 2024, residential sellers must provide the signed property condition disclosure statement to the buyer before the buyer is bound, with or without an agent.
What is the New Jersey flood risk disclosure?
It’s a section of the seller’s disclosure added by P.L.2023, c.93. It asks 8 questions about FEMA flood zones, flood insurance, federal flood aid, past claims, elevation certificates and past flooding.
Does a for sale by owner seller in New Jersey need to disclose?
Yes. P.L.2024, c.32 says a seller who isn’t working with a brokerage must give the buyer the signed statement before the buyer becomes obligated under a contract.
Can I sell my house as is in New Jersey without disclosing problems?
No. You can sell without making repairs, but you still complete the disclosure. New Jersey courts treat hiding a known, serious defect as possible fraud.
How do I find out if my New Jersey home is in a flood zone?
Use the free look-up tool linked from the Department of Environmental Protection’s flood disclosure page. You search by mailing address.
Do I have to give the buyer my elevation certificate?
Yes, if you have one. The 2023 flood law says an available FEMA elevation certificate must be shared with the buyer.
When does the buyer get the disclosure statement?
Before the buyer becomes obligated under a contract. Most sellers hand it over with the first serious offer and keep a signed, dated copy.
Reviewed by Beycome Brokerage Realty LLC, a licensed real estate brokerage (not licensed in New Jersey). Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.
The flood questions are summarized from P.L.2023, c.93 as enacted. Always fill out the current form published by the New Jersey Division of Consumer Affairs, which may word them differently.
This is general information, not legal advice. For questions about your own disclosure, talk with a New Jersey real estate attorney.
Sources
- P.L.2024, c.32, Real Estate Consumer Protection Enhancement Act (approved July 10, 2024; effective August 1, 2024): njleg.state.nj.us, read October 31, 2026.
- P.L.2023, c.93, flood risk notification (approved July 3, 2023): njleg.state.nj.us, read October 31, 2026.
- New Jersey Division of Consumer Affairs, Office of Consumer Protection, regulations and seller disclosure forms: njconsumeraffairs.gov.
- New Jersey Department of Environmental Protection, flood disclosure: dep.nj.gov.
- N.J.A.C. 5:70-2.3, smoke and carbon monoxide alarm certificate: law.cornell.edu.
- P.L.2025, c.19, fire safety amendments (approved February 3, 2025): njleg.state.nj.us.
- Weintraub v. Krobatsch, 64 N.J. 445 (1974), as discussed by the Appellate Division: justia.com.
- EPA, Real Estate Disclosures About Potential Lead Hazards: epa.gov.
- New Jersey Division of Taxation, Realty Transfer Fee: nj.gov.
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