New Residential Construction Off-Site Conditions Disclosure
Act
The "New Residential Construction Off-Site Conditions Disclosure Act" (L.1995,c.253; C.46:3C-1 et seq.) was signed into law on 9/12/95. The law requires that lists of certain "off-site conditions" in the municipality, which may affect the value of newly constructed residential real estate, be available at each Municipal Clerk's office within each municipality. This includes Superfund sites and other known contaminated sites. Lists of the known contaminated sites in a municipality are also available online.
NOTE: Below is a "courtesy
copy" of the Act's text, not the official copy.
46:3C-1.Short title
- This act shall be known, and may be cited, as the "New
Residential Construction Off-Site Conditions Disclosure
Act."
46:3C-2.Findings, declarations relative
to purchase of residential real estate
- The Legislature finds and declares that the purchase
of a residence involves a substantial portion of the
average household's net worth, and the decision to purchase
a particular residence requires consideration of a wide
range of factors concerning the area in which the residential
real estate is located; that the professionals who engage
in the business of selling newly-constructed residential
real estate can facilitate prudent decision-making with
respect to the purchase of residences by advising purchasers
of the availability of information concerning factors
which can reasonably be determined to exist and which
may affect the value of the residence; that the due
diligence responsibilities of purchasers and the disclosure
duties of sellers of residential real estate are mutually
interdependent and, therefore, ambiguity in the definition
and assignment of the sellers' disclosure duties may
inadvertently diminish the due diligence efforts of
purchasers, or unnecessarily increase the costs of residential
real estate transactions; and that there currently exists
ambiguity concerning the disclosure duties of the sellers
of residential real estate.
The Legislature therefore determines that it is in the public
interest to define the entirety of the disclosure duties
of the sellers of newly constructed residential real estate
and to create a public repository of relevant off-site conditions
which may be accessed by purchasers of such real estate.
46:3C-3.Definitions
- As used in this act:
"Newly constructed" means any dwelling unit
not previously occupied, excluding dwelling units constructed
solely for lease and units governed by the "National
Manufactured Housing Construction and Safety Standards
Act of 1974," 42 U.S.C.5401 et seq.
"Off-site conditions" mean those conditions
which may materially affect the value of the residential
real estate property and shall be limited to the following:
(1) The latest Department of Environmental Protection
listing of sites included on the National Priorities List
pursuant to the "Comprehensive Environmental Response,
Compensation and Liability Act of 1980," 42 U.S.C.
9601 et seq.;
(2) The latest sites known to and confirmed by the Department
of Environmental Protection and included on the New Jersey
master list of known hazardous discharge sites, prepared
pursuant to P.L.1982, c.202 (C.58:10-23.15 et seq.);
(3) Overhead electric utility transmission lines conducting
240,000 volts or more;
(4) Electrical transformer substations;
(5) Underground gas transmission lines as defined in
49 C.F.R.192.3;
(6) Sewer pump stations of a capacity equal to, or in
excess of 0.5 million gallons per day and sewer trunk
lines in excess of 15 inches in diameter;
(7) Sanitary landfill facilities as defined pursuant
to section 3 of P.L.1970, c.39 (C.13:1E-3);
(8) Public wastewater treatment facilities; and
(9) Airport safety zones as defined pursuant to section
3 of P.L.1983, c.260 (C.6:1-82).
"Person" means an individual, firm, corporation,
limited liability corporation, partnership, association,
trust or other legal entity or any combination thereof.
"Property" means a lot or plat upon which a
residence has been, or will be, constructed.
"Project" means the development site upon which
residential real estate for one or more purchasers is
being constructed.|
Public wastewater treatment facility" means
a structure or land involving the collection, conveyance,
storage, reduction, recycling, reclamation, disposal,
separation or other treatment of wastewater or sewage
sludge.
"Purchaser" means a buyer of newly constructed
residential real estate.
"Residential real estate" means a property
or structure or both which will serve as a residence for
the purchaser.
"Seller" means a real estate broker, real estate
salesperson and real estate broker-salesperson as defined
in R.S.45:15-3 or a builder as defined in section 2 of
P.L.1977, c.467 (C.46:3B-2) who is engaged in the sale
of newly constructed residential real estate.
46:3C-4.Off-site conditions, municipal
lists
- The municipal clerk of each municipality shall receive
and make available, in the form and manner specified by
the Commissioner of Community Affairs after consultation
with the Department of Environmental Protection, lists
identifying the location of off-site conditions existing
within the boundaries of the municipality.
46:3C-5.Providing municipal clerk with
lists of off-site conditions
-
- Every person who owns, leases, or maintains any
off-site condition, as defined in paragraph (3),
(4), (5), (6), or (8) of section 3 of P.L.1995,
c.253 (C.46:3C-3), located in this State, shall
provide the municipal clerk of each municipality
in which those off-site conditions are located,
a list in the form and manner specified by the Commissioner
of Community Affairs, of the location of the off-site
conditions within the boundaries of the municipality.
The provisions of this subsection shall apply whether
or not the person provides any service within a
municipality in which an off-site condition exists.
- Every person subject to the provisions of subsection
a. of this section shall submit the required lists
within one year of the effective date of this act
and shall update the lists, as necessary, as of
August 31 of every year.
The person providing the lists pursuant to this section
shall also send to the municipal clerk of each municipality
receiving the list a statement as follows:
"This list identifies [insert type] off-site
conditions owned, leased or maintained by [insert
name and address of provider] as defined in the
"New Residential Construction Off-Site Conditions
Disclosure Act," P.L.1995, c.253 (C.46:3C-1
et seq.), which as of [date] have been identified
as existing within [name of municipality]."
46:3C-6.Lists from the Commissioner
of Environmental Protection
-
- The Commissioner of Environmental Protection shall
provide the municipal clerk of each municipality
with lists, in the form and manner specified by
the Commissioner of Community Affairs, after consultation
with the Department of Environmental Protection,
of the location of all off-site conditions, as defined
in paragraphs (1), (2) and (7) of section 3 of P.L.1995,
c.253 (C.46:3C-3), located within the boundaries
of the municipality.
- The Commissioner of Environmental Protection shall
submit the lists within one year of the effective
date of this act and shall update the lists, as
necessary, as of August 31 of every year. The department
shall also send to the municipal clerk of each municipality
receiving the lists a statement as follows:
"This list identifies [insert type] off-site
conditions as defined in the "New Residential
Construction Off-Site Conditions Disclosure Act,"
P.L.1995, c.253 (C.46:3C-1 et seq.), which as
of [date] have been identified and listed by the
Department of Environmental Protection as existing
within [name of municipality]."
46:3C-7 Fees for copies of lists.
- A municipality that receives and makes available the
lists required under P.L.1995, c.253 (C.46:3C-1 et seq.)
may charge purchasers in accordance with the provisions
of section 2 of P.L.1963, c.73 (C.47:1A-2).
46:3C-8.Seller's notice regarding off-site
conditions
- At the time of entering into a contract for the sale
of newly constructed residential real estate, the seller
shall provide the purchaser with a notice of the availability
of the lists of the off-site conditions that exist not
only within the boundaries of the municipality in which
the residential real estate is located but also within
any other municipality located within one-half mile
of the residential real estate. The notice shall be
as follows:
"NOTIFICATION REGARDING OFF-SITE CONDITIONS
Pursuant to the "New Residential Construction
Off-Site Conditions Disclosure Act," P.L.1995,
c.253 (C.46:3C-1 et seq.), sellers of newly constructed
residential real estate are required to notify purchasers
of the availability of lists disclosing the existence
and location of off-site conditions which may affect
the value of the residential real estate being sold.
The lists are to be made available by the municipal
clerk of the municipality within which the residential
real estate is located and in other municipalities
which are within one-half mile of the residential
real estate. The address(es) and telephone number(s)
of the municipalities relevant to this project and
the appropriate municipal offices where the lists
are made available are listed below. Purchasers are
encouraged to exercise all due diligence in order
to obtain any additional or more recent information
that they believe may be relevant to their decision
to purchase the residential real estate. Purchasers
are also encouraged to undertake an independent examination
of the general area within which the residential real
estate is located in order to become familiar with
any and all conditions which may affect the value
of the residential real estate.
The purchaser has five (5) business days from the
date the contract is executed by the purchaser and
the seller to send notice of cancellation of the contract
to the seller. The notice of cancellation shall be
sent by certified mail. The cancellation will be effective
upon the notice of cancellation being mailed. If the
purchaser does not send a notice of cancellation to
the seller in the time or manner described above,
the purchaser will lose the right to cancel the contract
as provided in this notice.
MUNICIPALITY
ADDRESS
TELEPHONE NUMBER "
46:3C-9.Cancellation of contract
- The purchaser may cancel the contract by sending a
written notice of cancellation to the seller within five
business days from the date the contract is executed by
the purchaser and the seller, informing the seller that
the purchaser is canceling the contract. The notice of
cancellation shall be sent by certified mail. If the purchaser
fails to send the notice of cancellation in the time and
manner provided for in this section, the purchaser shall
lose the right to cancel the contract pursuant to this
act and the contract shall be otherwise legally binding.
46:3C-10.Seller's disclosure duties
-
- By providing the purchaser with the notice of the
availability of the lists, as required by section
8 of P.L.1995, c.253 (C.46:3C-8), the seller shall
be deemed to have disclosed fully the off-site conditions
relating to the residential real estate and shall
be deemed to have satisfied fully the seller's disclosure
duties pursuant to New Jersey law notwithstanding
that (1) the lists required to be submitted to the
municipal clerk of each municipality pursuant to
sections 5 and 6 of P.L.1995, c.253 (C.46:3C-5 and
C.46:3C-6) have not been, or are not yet required
to be submitted or (2) a municipal clerk has not
received or made available the lists as required
pursuant to section 4 of P.L.1995, c.253 (C.46:3C-4)
or (3) there is any error, omission or inaccuracy
in the lists as made available by the municipality.
This furnishing of the notice shall be available
to the seller as a defense to any claim that the
seller failed to disclose any off-site conditions.
- A seller's responsibility to disclose those conditions
that may materially affect the value of the residential
real estate, but which are not part of the project,
shall be fully met when notice is provided in accordance
with the provisions of P.L.1995, c.253 (C.46:3C-1
et seq.). The furnishing of the notice shall be
available to the seller as a defense to any claim
that the seller failed to disclose any conditions
which are not part of the project.
- With respect to any residential real estate contracts
entered into and fully executed prior to the effective
date of this act, no seller shall be deemed to have
breached any duty to disclose, nor shall any seller
be liable to any person for any loss, damage, or
any other injury for failure to have disclosed the
existence of any off-site condition or any other
condition which is not part of the residential real
estate, except in any specific cases in which there
has been an action filed in the Superior Court prior
to April 25, 1995, or in which the Appellate Division
of the Superior Court or the Supreme Court has issued
a decision prior to the effective date of this act.
- The provisions of P.L.1995, c.253 (C.46:3C-1 et
seq.) shall not be interpreted to affect the disclosure
requirements for conditions off-site contained in
"The Planned Real Estate Development Full Disclosure
Act," P.L.1977, c.419 (C.45:22A-21 et seq.),
the "Air Safety and Zoning Act of 1983,"
P.L.1983, c.260 (C.6:1-80 et seq.) or in any other
statutory provision.
46:3C-11.Seller not required to contribute
to list
- No seller, unless otherwise required by section 5, as
a condition of completeness or approval pursuant to the
"Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1
et seq.), or any other law, rule or regulation adopted
pursuant thereto, shall be required to compile or to contribute
to the compilation of, in whole or in part, the lists
of off-site conditions required to be made available by
municipal clerks pursuant to this act.
46:3C-12.Nonliability for civil damages
- The Department of Environmental Protection or a municipality
making available to purchasers lists which disclose
the existence and location of off-site conditions pursuant
to this act shall not be liable for civil damages for
withholding or omitting facts pertaining to such conditions
which materially affected the value of the property
or otherwise caused any loss, damage or other injury
to the plaintiff, unless the plaintiff can affirmatively
demonstrate that the department or municipality was
in possession of, or which a reasonable person would
conclude that it had or should have had knowledge of,
those facts and the department or municipality knowingly
or intentionally omitted or withheld the facts.
- The Department of Community Affairs and the Department
of Environmental Protection shall report to the Legislature
and the Governor 18 months after the effective date
of this act concerning the impact of this act and the
staffing levels and costs needed to properly effectuate
its purposes. The Department of Community Affairs shall
also focus its attention in the report on the municipalities'
role and success in effectuating the act. Both departments
shall make recommendations they deem necessary to improve
the procedures required by the act and to impose penalties
for noncompliance with section 4, subsection a. of section
5, and subsection a. of section 6. The Department of
Environmental Protection shall address the feasibility
of providing map of off-site conditions.
- This act shall take effect immediately and apply to
every contract for the sale of residential real estate
entered into after the effective date, except that subsection
c. of section 10 of this act shall apply retroactively
to residential real estate contracts entered into prior
to the effective date.
Approved September 12, 1995.
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