What New Jersey Sellers Must Disclose

New Jersey requires sellers to put it in writing. The form is the Seller's Property Condition Disclosure Statement. Since August 1, 2024, under the Real Estate Consumer Protection Enhancement Act (P.L. 2024, c.32), sellers of residential real property must complete and sign the Property Condition Disclosure Statement before the buyer becomes obligated under contract, and since March 20, 2024 flood-risk disclosure is mandatory on that statement.

What the disclosure covers — and what it is

Demand the completed, signed disclosure before you are contractually bound — that timing is now the law for residential sales, not just good practice. Answer-check the flood addendum (questions on FEMA Special and Moderate Flood Hazard Areas, flood history, insurance and elevation certificate) using NJDEP's flood disclosure tool, because failure to comply can release a purchaser from the contract. Treat answers as 'to the best of the seller's knowledge' and still inspect and pull flood maps yourself.

Flooding: the answer that matters most

New Jersey law specifically requires flood disclosure: the seller has to tell you about flood risk or history. Read that answer carefully, then verify it against the official map — FEMA's National Flood Hazard Layer is the map your lender will use, and a seller's 'never flooded' is not the same as 'not in a flood zone.'

The New Jersey traps inside the paperwork

Flood disclosure is mandatory and FEMA-zone specific since March 20, 2024. P.L. 2023, c.94 requires every seller, before the purchaser becomes obligated, to disclose on the property condition disclosure statement whether the property is in FEMA's Special Flood Hazard Area or Moderate Flood Hazard Area and the seller's actual knowledge of flood risks — check the answers against NJDEP's tool and FEMA maps, and budget for flood insurance if a lender will require it.

Mansion tax is now a graduated seller-paid fee over $1 million. The old 1% buyer 'mansion tax' became, effective July 10, 2025 under P.L. 2025, c.69, a Graduated Percent Fee paid by the seller/grantor: 1% over $1M-$2M, 2% over $2M-$2.5M, 2.5% over $2.5M-$3M, 3% over $3M-$3.5M, and 3.5% over $3.5M, calculated on total consideration — who bears it in your deal is now a negotiation point, not an automatic buyer cost.

What no disclosure will ever tell you

A disclosure is the seller's knowledge, on the seller's timeline. It says nothing about the street's crime trend, the registry, the tax bill you will pay after the sale, permits pulled (or never pulled) for the renovation in the photos, or the rezoning working its way through the planning office. In New Jersey, property tax reassessment works like this: Your bill is based on the municipal assessment as of October 1 and local levies, and there is no cap on how much an individual assessment can rise — the 2% cap limits the town's total levy, not your bill. If the town revalues after you buy, your assessment can jump to full market value in one year even though the seller's bill, set on a stale assessment, was much lower — which is why the seller's current bill is a poor guide to yours. Pull those records yourself; they are all public.

Your checks, in order

• Read the disclosure line by line, and get 'unknown' answers in writing anyway — an unknown is a flag, not a pass.
• Run the exact parcel on FEMA's flood map.
• Estimate your post-sale tax bill with the New Jersey records guide — never budget from the seller's bill.
• Check the address against the official New Jersey registry.
• Ask the county for open and expired permits on the address before you waive anything.

Frequently asked questions

Is a seller disclosure form required in New Jersey?

Yes — the Seller's Property Condition Disclosure Statement. Since August 1, 2024, under the Real Estate Consumer Protection Enhancement Act (P.L. 2024, c.32), sellers of residential real property must complete and sign the Property Condition Disclosure Statement before the buyer becomes obligated under contract, and since March 20, 2024 flood-risk disclosure is mandatory on that statement.

Does a New Jersey seller have to disclose flooding?

Yes — New Jersey requires flood disclosure. Verify it on the FEMA map anyway; the disclosure is the seller's statement, the map is the lender's rulebook.

The seller answered 'unknown' to half the form. Now what?

'Unknown' is legal in most regimes and useful to nobody. Treat every unknown as a job: inspection, permit search, and the county record file. If the seller genuinely doesn't know, the records usually do.

Sources: dep.nj.gov · njsp.njoag.gov · nj.gov · sellecksellsnj.com · appealdesk.com · homelight.com