A Checklist for Selling a Home in New Jersey – Part 1

What New Jersey Home Sellers Need to Know 

Thinking about selling your home in the Garden State? While the New Jersey real estate market offers excellent opportunities for sellers, navigating the closing process requires preparation and knowledge. As experienced real estate professionals, we’ve compiled this essential checklist to help you understand your legal obligations and prepare for a smooth closing experience.

Understanding Your Legal Obligations as a New Jersey Home Seller

Selling a house in New Jersey isn’t just about finding a buyer and collecting a check. It’s a legally complex transaction that comes with specific responsibilities. Failure to meet these obligations could result in delays, price renegotiations, or even legal liability after the sale.

Habitability Requirements

New Jersey law requires that any residential property listed for sale must be suitable for living. This means:

• All major systems (electrical, plumbing, heating) must be in working order
• The property must be structurally sound
• There should be no conditions that pose health or safety risks

While “move-in ready” isn’t a legal requirement, your home must meet basic habitability standards to be marketable.

Material Defect Disclosures

One of the most critical legal obligations for New Jersey sellers is the requirement to disclose known defects, including:

• Foundation or structural issues
• Roof leaks or damage
• Water intrusion or drainage problems
• Mold or environmental hazards
• Malfunctioning systems or appliances that will remain with the home
• Boundary disputes or easement issues

Remember, you must disclose not only obvious defects but also latent (hidden) issues you’re aware of. Withholding information about significant problems could expose you to future litigation.

Zoning Compliance Statements

Buyers want assurance that your property complies with local regulations. You’ll need to:

• Identify how you’ve used your home (residential only, home office, short-term rental, etc.)
• Confirm that these uses comply with current zoning laws
• Disclose any non-conforming uses that might be grandfathered in

This transparency helps buyers understand any limitations on how they can use the property after purchase.

Home Improvement Disclosures

Those DIY projects and renovations? They’ll come under scrutiny during the sale process. Be prepared to:

• List significant improvements you’ve made to the property
• Confirm which projects required permits
• Provide documentation showing proper permits were obtained and inspections completed
• Disclose any improvements completed without required permits

Unpermitted work can create significant complications during home inspections and mortgage approvals.

Lead Paint Disclosure Requirements

If your home was built before 1978, federal law requires you to:

• Provide buyers with an EPA-approved lead hazard information pamphlet
• Disclose any known lead-based paint or lead-based paint hazards
• Share any reports or records concerning lead-based paint in the home
• Include specific lead paint disclosure language in your sales contract
• Give buyers a 10-day period to conduct a lead-based paint inspection or risk assessment

This article provides general information about selling property in New Jersey and should not be construed as legal advice. Always consult with a qualified real estate attorney regarding your specific situation.

If you have any questions about this information or title insurance, please contact Ralph Aponte: 732.914.1400.