NEW JERSEY REGISTER
VOLUME 36, NUMBER 10
MONDAY, MAY 17, 2004
RULE ADOPTION

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
PROPERTY CONDITION DISCLOSURE FORM


Adopted New Rule: N.J.A.C. 13:45A-29.1

Proposed: April 21, 2003 at 35 N.J.R. 1644(a).

Adopted: April 19, 2004 by Reni Erdos, Director, Division of Consumer Affairs.

Filed: April 20, 2004 as R.2004 d.193, with substantive and technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30- 6.3).

Authority: N.J.S.A. 56:8-1 et seq., specifically N.J.S.A. 56:8-19.1.

Effective Date: May 17, 2004.
Expiration Date: October 20, 2005.

Federal Standards Statement

A Federal standards analysis is not required because the adopted new rule is governed by State statute and is not subject to Federal requirements or standards.

Full text of the adoption follows :

SUBCHAPTER 29. PROPERTY CONDITION DISCLOSURE

<< NJ ADC 13:45A-29.1 >>

13:45A-29.1 Property Condition Disclosure Form

(a) This section implements the provisions of P.L. 1999, c.76, N.J.S.A. 56:8-19.1, concerning the exemption of real estate brokers, broker-salespersons and salespersons from provisions of the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.

(b) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

"Real estate licensee" means a real estate broker, broker-salesperson or salesperson licensed under N.J.S.A. 45:15-1 et seq.

"Property condition disclosure statement" means a writing, as set forth in (d) below, signed by the seller and containing information on the <<- physical->> condition of the <<-land and improvements thereon, if any,->> <<+property+>> being sold.

(c) A real estate licensee shall not be subject to punitive damages, attorneys fees, or both under N.J.S.A. 56:8-19 for the communication of any false, misleading or deceptive information to a buyer which had been provided to the real estate licensee by or on behalf of the seller of real estate located in the State of New Jersey if the real estate licensee:

1. Had no actual knowledge of the false, misleading or deceptive character of the information; and

2. Made a reasonable and diligent inquiry to ascertain whether the information is of a false, misleading or deceptive character. A real estate licensee will have been deemed to have made a "reasonable and diligent inquiry" in circumstances including, but not limited to, those in which the false information communicated to the buyer can be shown to have been:

i. Provided in a report or upon a representation by a person, licensed or certified by the State of New Jersey, including, but not limited to, an appraiser, engineer, architect, home inspector, plumber or electrical contractor, of a particular physical condition pertaining to the real estate derived from inspection of the real estate by that person;

ii. Provided in a report or upon a representation by any governmental official or employee, if the particular information of a physical condition is likely to be within the knowledge of that governmental official or employee; or

iii. Obtained from the seller in a property condition disclosure statement as set forth in (d) below, so long as the buyer is informed by the real estate licensee that the seller is the source of the information, and that prior to advising the buyer that the seller is the source of information, the real estate licensee visually inspected the property with reasonable diligence to ascertain the accuracy of the information disclosed by the seller.

(d) The property condition disclosure statement shall be in the following form and contain, at a minimum, the following information. Additional information may be requested if, in the opinion of the real estate licensee, and under the facts and circumstances of a particular real estate transaction, it would be appropriate to do so.

SELLER'S PROPERTY CONDITION

DISCLOSURE STATEMENT

Property Address: _______

_______

Seller: _______

The purpose of this Disclosure Statement is to disclose, to the best of Seller's knowledge, the condition of the Property, as of the date set forth below. The Seller is aware that he or she is under an obligation to disclose any known material defects in the Property even if not addressed in this printed form. Seller alone is the source of all information contained in this form. All prospective buyers of the Property are cautioned to carefully inspect the Property and to carefully inspect the surrounding area for any off-site conditions that may adversely affect the Property. Moreover, this Disclosure Statement is not intended to be a substitute for prospective buyer's hiring of qualified experts to inspect the Property.

<<+If your property consists of multiple units, systems and/or features, please provide complete answers on all such units, systems and/or features even if the question is phrased in the singular, such as if a duplex has multiple furnaces, water heaters and fireplaces.+>>

OCCUPANCY

Yes No Unknown

1. Age of House, if known _______
2. Does the Seller currently occupy this property? If not, how long has it been since Seller occupied the property? _______
3. What year did the seller buy the property? _______
3a. Do you have in your possession the original or a copy of the deed evidencing your ownership of the property? If "yes," please attach a copy of it to this form.

ROOF

Yes No Unknown

4. Age of roof _______
5. Has roof been replaced or repaired since seller bought the property?
6. Are you aware of any roof leaks?
7. Explain any "yes" answers that you give in this section:
_______
_______
_______

ATTIC, BASEMENTS AND CRAWL SPACES (Complete only if applicable)

Yes No Unknown

8. Does the property have one or more sump pumps?
8a. Are there any problems with the operation of any sump pump?
9. Are you aware of any water leakage, accumulation or dampness within the basement or crawl spaces or any other areas within any of the structures on the property?
9a. Are you aware of the presence of any mold or similar natural substance within the basement or crawl spaces or any other areas within any of the structures on the property?
10. Are you aware of any repairs or other attempts to control any water or dampness problem in the basement or crawl space?
If "yes," describe the location, nature and date of the repairs:
_______
_______
_______

11. Are you aware of any cracks or bulges in the basement floor or foundation walls? If "yes," specify location.
_______
12. Are you aware of any restrictions on how the attic may be used as a result of the manner in which the attic or roof was constructed?
13. Is the attic or house ventilated by:
_______ a whole house fan?
_______ an attic fan?
13a. Are you aware of any problems with the operation of such a fan?
14. In what manner is access to the attic space provided?
_______ staircase
_______ pull down stairs
_______ crawl space with aid of ladder or other device
_______ other
15. Explain any "yes" answers that you give in this section:
_______
_______
_______

TERMITES/WOOD DESTROYING INSECTS, DRY ROT, PESTS

Yes No Unknown

16. Are you aware of any termites/wood destroying insects, dry rot, or pests affecting the property?
17. Are you aware of any damage to the property caused by termites/wood destroying insects, dry rot, or pests?
18. If "yes," has work been performed to repair the damage?
19. Is your property under contract by a licensed pest control company?
If "yes," state the name and address of the licensed pest control company:
_______
_______
20. Are you aware of any termite/pest control inspections or treatments performed on the property in the past?
21. Explain any "yes" answers that you give in this section:
_______
_______
_______

STRUCTURAL ITEMS

Yes No Unknown

22. Are you aware of any movement, shifting, or other problems with walls, floors, or foundations, including any restrictions on how any space, other than the attic or roof, may be used as a result of the manner in which it was constructed?
23. Are you aware if the property or any of the structures on it have ever been damaged by fire, smoke, wind or flood?
24. Are you aware of any fire retardant plywood used in the construction?
25. Are you aware of any current or past problems with driveways, walkways, patios, sinkholes, or retaining walls on the property?
26. Are you aware of any present or past efforts made to repair any problems with the items in this section?
27. Explain any "yes" answers that you give in this section. Please describe the location and nature of the problem.
_______
_______
_______

ADDITIONS/REMODELS

Yes No Unknown

28. Are you aware of any additions, structural changes or other alterations to the structures on the property made by any present or past owners?
29. Were the proper building permits and approvals obtained? Explain any "yes" answers you give in this section:
_______
_______
_______

PLUMBING, WATER AND SEWAGE

Yes No Unknown

30. What is the source of your drinking water?
Public
Community System
Well on Property
Other (explain) _______
_______
31. If your drinking water source is not public, have you performed any tests on the water? If so, when? _______
Attach a copy of or describe the results.
32. Does the wastewater from any clothes washer, dishwasher, or other appliance discharge to any location other than the sewer, septic, or other system that services the rest of the property?
33. When was well installed? _______
Location of well? _______
34. Do you have a softener, filter, or other water purification system?
Leased
Owned
35. What is the type of sewage system?
Public Sewer
Private Sewer
Septic System
Cesspool
Other (explain): _______
_______
36. If you answered "septic system," have you ever had the system inspected to confirm that it is a true septic system and not a cesspool?
37. If Septic System, when was it installed? _______
Location? _______
38. When was the Septic System or Cesspool last cleaned and/or serviced? _______
39. Are you aware of any abandoned Septic Systems or Cesspools on your property?
39a. If "yes," is the closure in accordance with the municipality's ordinance? (explain): _______
_______
40. Are you aware of any leaks, backups, or other problems relating to any of the plumbing systems and fixtures (including pipes, sinks, tubs and showers), or of any other water or sewage related problems? If "yes," explain: _______
_______
_______
41. Are you aware of any shut off, disconnected, or abandoned wells, underground water or sewage tanks, or dry wells on the property?
42. Is either the private water or sewage system shared? If "yes," explain: _______
_______
43. Water Heater:
Electric
Fuel Oil
Gas
Age of Water Heater
_______
43a. Are you aware of any problems with the water heater?
44. Explain any "yes" answers that you give in this section:
_______
_______
_______

HEATING AND AIR CONDITIONING

Yes No Unknown

45. Type of Air Conditioning:
Central one zone
Central multiple zone
Wall/Window Unit
None
46. List any areas of the house that are not air conditioned: _______
_______
47. What is the age of Air Conditioning System? _______
48. Type of heat:
Electric
Fuel Oil
Natural Gas
Propane
Unheated
Other
49. What is the type of heating system? (for example, forced air, hot water or base board, radiator, steam heat) _______
50. If it is a centralized heating system, is it one zone or multiple zones? _______
51. Age of furnace _______
Date of last service:
_______
52. List any areas of the house that are not heated:
_______ 53. Are you aw
are of any tanks on the property, either above or underground, used to store fuel or other substances?
54. If tank is not in use, do you have a closure certificate?
55. Are you aware of any problems with any items in this section? If "yes," explain: _______
_______

WOODBURNING STOVE OR FIREPLACE

Yes No Unknown

56. Do you have wood burning stove?
fireplace?
insert?
other
56a. Is it presently usable?
57. If you have a fireplace, when was the flue last cleaned?
_______
57a. Was the flue cleaned by a professional or non-professional?
_______
58. Have you obtained any required permits for any such item?
59. Are you aware of any problems with any of these items? If "yes," please explain: _______
_______

ELECTRICAL SYSTEM

Yes No Unknown

60. What type of wiring is in this structure?
Copper
Aluminum
Other
Unknown
61. What amp service does the property have?
60 100
150 200
Other Unknown
62. Does it have 240 volt service? Which are present
Circuit Breakers *,
Fuses or Both?
63. Are you aware of any additions to the original service? If "yes," were the additions done by a licensed electrician?
Name and address:
_______
_______
64. If "yes," were proper building permits and approvals obtained?
65. Are you aware of any wall switches, light fixtures or electrical outlets in need of repair?
66. Explain any "yes" answers you give in this section:
_______
_______
_______

LAND (SOILS, DRAINAGE AND BOUNDARIES)

Yes No Unknown

67. Are you aware of any fill or expansive soil on the property?
68. Are you aware of any past or present mining operations in the area in which the property is located?
69. Is the property located in a flood hazard zone?
70. Are you aware of any drainage or flood problems affecting the property?
71. Are there any areas on the property which are designated as protected wetlands?
72. Are you aware of any encroachments, utility easements, boundary line disputes, or drainage or other easements affecting the property?
73. Are there any water retention basins on the property or the adjacent properties?
74. Are you aware if any part of the property is being claimed by the State of New Jersey as land presently or formerly covered by tidal water (Riparian claim or lease grant)?
Explain: _______
_______
75. Are you aware of any shared or common areas (for example, driveways, bridges, docks, walls, bulkheads, etc.) or maintenance agreements regarding the property?
76. Explain any "yes" answers to the preceding questions in this section:
_______
_______
_______
77. Do you have a survey of the property?

ENVIRONMENTAL HAZARDS

Yes No Unknown

78. Have you received any written notification from any public agency or private concern informing you that the property is adversely affected, or may be adversely affected, by a condition that exists on a property in the vicinity of this property? If "yes," attach a copy of any such notice currently in your possession.
78a. Are you aware of any condition that exists on any property in the vicinity which adversely affects, or has been identified as possibly adversely affecting, the quality or safety of the air, soil, water, and/or physical structures present on this property?
If "yes," explain: _______
_______
_______
79. Are you aware of any underground storage tanks (UST) or toxic substances now or previously present on this property or adjacent property (structure or soil), such as polychlorinated biphenyl (PCB), solvents, hydraulic fluid, petro-chemicals, hazardous wastes, pesticides, chromium, thorium, lead or other hazardous substances in the soil? If "yes," explain:
_______
_______
80. Are you aware if any underground storage tank has been tested? (Attach a copy of each test report or closure certificate if available).
81. Are you aware if the property has been tested for the presence of any other toxic substances, such as lead-based paint, urea-formaldehyde foam insulation, asbestos-containing materials, or others? (Attach copy of each test report if available).
82. If "yes" to any of the above, explain:
_______
_______
82a. If "yes" to any of the above, were any actions taken to correct the problem? Explain: _______
_______
83. Is the property in a designated Airport Safety Zone?

DEED RESTRICTIONS, SPECIAL DESIGNATIONS, HOMEOWNERS ASSOCIATION/CONDOMINIUMS AND CO-OPS

Yes No Unknown

84. Are you aware if the property is subject to any deed restrictions or other limitations on how it may be used due to its being situated within a designated historic district, or a protected area like the New Jersey Pinelands, or its being subject to similar legal authorities other than typical local zoning ordinances?
85. Is the property part of a condominium or other common interest ownership plan?
85a. If so, is the property subject to any covenants, conditions, or restrictions as a result of its being part of a condominium or other form of common interest ownership?
86. As the owner of the property, are you required to belong to a condominium association or homeowners association, or other similar organization or property owners?
86a. If so, what is the Association's name and telephone number?
_______
_______
86b. If so, are there any dues or assessments involved? If "yes," how much? _______
87. Are you aware of any defect, damage, or problem with any common elements or common areas that materially affects the property?
88. Are you aware of any condition or claim which may result in an increase in assessments or fees?
89. Since you purchased the property, have there been any changes to the rules or by-laws of the Association that impact the property?
90. Explain any "yes" answers you give in this section:
_______
_______
_______

MISCELLANEOUS

Yes No Unknown

91. Are you aware of any existing or threatened legal action affecting the property or any condominium or homeowners association to which you, as an owner, belong?
92. Are you aware of any violations of Federal, State or local laws or regulations relating to this property?
93. Are you aware of any zoning violations, encroachments on adjacent properties, non-conforming uses, or set-back violations relating to this property? If so, please state whether the condition is pre-existing non-conformance to present day zoning or a violation to zoning and/or land use laws.
_______
_______
_______
94. Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain unpaid? Are you aware of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected?
95. Are there mortgages, encumbrances or liens on this property?
95a. Are you aware of any reason, including a defect in title, that would prevent you from conveying clear title?
96. Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? (A defect is "material," if a reasonable person would attach importance to its existence or non-existence in deciding whether or how to proceed in the transaction.) If "yes," explain: _______
_______
97. Other than water and sewer charges, utility and cable tv fees, your local property taxes, any special assessments and any association dues or membership fees, are there any other fees that you pay on an ongoing basis with respect to this property, such as garbage collection fees?
98. Explain any other "yes" answers you give in this section:
_______
_______
_______

RADON GAS

Instructions to Owners

By law (N.J.S.A. 26:2D-73), a property owner who has had his or her property tested or treated for radon gas may require that information about such testing and treatment be kept confidential until the time that the owner and a buyer enter into a contract of sale, at which time a copy of the test results and evidence of any subsequent mitigation or treatment shall be provided to the buyer. The law also provides that owners may waive, in writing, this right of confidentiality. As the owner(s) of this property, do you wish to waive this right?
Yes No _______________ ______________
(Initials) (Initials)

If you responded "yes," answer the following questions. If you responded "no," proceed to the next section.

Yes No Unknown

99. Are you aware if the property has been tested for radon gas? (Attach a copy of each test report if available.)
100. Are you aware if the property has been treated in an effort to mitigate the presence of radon gas? (If "yes," attach a copy of any evidence of such mitigation or treatment.)
101. Is radon remediation equipment now present in the property?
101a. If "yes," is such equipment in good working order?

MAJOR APPLANCES AND OTHER ITEMS

The terms of any final contract executed by the seller shall be controlling as to what appliances or other items, if any, shall be included in the sale of the property.

Which of the following items are present in the property? (For items that are not present, indicate "not applicable.")

Yes No Unknown Not Applicable

102. Electric Garage Door Opener
102a. If "yes," are they reversible? Number of Transmitters ___________________
103. Smoke Detectors
Battery
Electric
Both
How many _________________________________
Carbon Monoxide Detectors
How many _________________________________
Location _________________________________
104. With regard to the above items, are you aware that any item is not in working order?
104a. If "yes," identify each item that is not in working order or defective and explain the nature of the problem:
__________________________________________
__________________________________________
105. In-ground pool
Above-ground pool
Pool Heater
Spa/Hot Tub
105a. Were proper permits and approvals obtained?
105b. Are you aware of any leaks or other defects with the filter or the walls or other structural or mechanical components of the pool or spa/hot tub?
105c. If an in-ground pool, are you aware of any water seeping behind the walls of the pool?
106. Indicate which of the following may be included in the sale? (Indicate Y for yes N for no.)
Refrigerator
Range
Microwave Oven
Dishwasher
Trash Compactor
Garbage Disposal
In-Ground Sprinkler System
Central Vacuum System
Security System
Washer
Dryer
Intercom
Other
107. Of those that may be included, is each in working order? If "no," identify each item not in working order, explain the nature of the problem: _________________
__________________________________________
__________________________________________

<<-ACKNOWLEDGEMENT->> <<+ACKNOWLEDGMENT OF SELLER+>>

The undersigned Seller affirms that the information set forth in this Disclosure Statement is accurate and complete to the best of Seller's knowledge, but is not a warranty as to the condition of the Property. Seller hereby authorizes the real estate brokerage firm representing or assisting the seller to provide this Disclosure Statement to all prospective buyers of the Property, and to other real estate agents. <<+Seller alone is the source of all information contained in this statement. *If the Seller relied upon any credible representations of another, the Seller should state the name(s) of the person(s) who made the representation(s) and describe the information that was relied upon.+>>

<<+____________________________________________________________________+>>

<<+____________________________________________________________________+>>

<<+____________________________________________________________________+>>

SELLER: ______________________________________________________________________

DATE: _______

SELLER: ______________________________________________________________________

DATE: _______

<<+EXECUTOR, ADMINISTRATOR, TRUSTEE+>>

(If applicable)

The undersigned has never occupied the property and lacks the personal knowledge necessary to complete this Disclosure Statement.

______________________________________________________________________________

______________________________________________________________________________

DATE: _______

<<+RECEIPT AND+>> <<-ACKNOWLEDGEMENT->> <<+ACKNOWLEDGMENT* BY PROSPECTIVE BUYER+>>

The undersigned Prospective Buyer acknowledges receipt of this Disclosure Statement prior to signing a Contract of Sale pertaining to this Property. Prospective Buyer acknowledges that this Disclosure Statement is not a warranty by Seller and that it is Prospective Buyer's responsibility to satisfy himself or herself as to the condition of the Property. Prospective Buyer acknowledges that the Property may be inspected by <<-three->> qualified professionals, at Prospective Buyer's expense, to determine the actual condition of the Property. Prospective Buyer further acknowledges that this form is intended to provide information relating to the condition of the land, structures, major systems and amenities, if any, included in the sale. This form does not address local conditions which may affect a purchaser's use and enjoyment of the property such as noise, odors, traffic volume, etc. Prospective Buyer acknowledges that they may independently investigate such local conditions before entering into a binding contract to purchase the property. <<+ Prospective Buyer acknowledges that he or she understands that the visual inspection performed by the Seller's real estate broker/broker- salesperson/salesperson does not constitute a professional home inspection as performed by a licensed home inspector.+>>

PROSPECTIVE BUYER: _______

DATE: _______

PROSPECTIVE BUYER: _______

DATE: _______

<<-ACKNOWLEGEMENT->> <<+ACKNOWLEDGMENT* OF REAL ESTATE BROKER/BROKER- SALESPERSON/SALESPERSON+>>

The undersigned <<-Real Estate Broker/broker-salesperson/ salesperson->> <<+Seller's real estate broker/broker-salesperson/ salesperson+>> acknowledges receipt of the Property Disclosure Statement form and that the information contained in the form was provided by the Seller.

The <<+Seller's+>> real estate broker/broker-salesperson/salesperson also confirms that he or she visually inspected the property with reasonable diligence to ascertain the accuracy of the information disclosed by the seller, prior to providing a copy of the property disclosure statement to the buyer.

<<+The Prospective Buyer's real estate broker/broker-salesperson/ salesperson also acknowledges receipt of the Property Disclosure Statement form for the purpose of providing it to the Prospective Buyer.+>>

<<+SELLER'S+>> REAL ESTATE BROKER<<+/BROKER- SALESPERSON/SALESPERSON+>>: _______

<<-BROKER-SALESPERSON: _______->>

<<-SALESPERSON: _______->>

DATE: _______

<<+PROSPECTIVE BUYER'S REAL ESTATE BROKER/BROKER- SALESPERSON/SALESPERSON: _______+>>

<<+DATE: _______+>>


 
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