reglab/housing_qa huggingface dataset:
NJ Rev Stat § 46:3B-17 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-17 - Legal action to pursue claims

46:3B-17. Legal action to pursue claims  5. a. The commissioner, on behalf of the State and for the benefit of the fund, shall take such legal action as may be necessary or appropriate to pursue any claims against any responsible party, which may appear justified upon the record of any claims approved by the commissioner pursuant to section 3 of this act or which otherwise may appear justified. The Attorney General may sue in any federal or state court, in the name of this State, or enter into any appropriate arbitration proceeding under the laws of this or any other state, and may engage such private counsel and employ such technical experts as the Attorney General, after consultation with the commissioner, deems necessary for full and effective prosecution of any legal action to recover from responsible parties for any of the claims referred pursuant to this act as well as to recover against responsible parties for any other claims, whether or not referred by the commissioner, that the Attorney General may choose to prosecute arising out of what is commonly referred to as the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), or upon any other applicable legal basis.  b. Any moneys recovered pursuant to subsection a. of this section shall, after deduction of the expenses of the Attorney General to the extent that such expenses have not already been reimbursed directly out of the fund in pursuit of any claim or claims by the Attorney General against the party from whom such recovery is obtained, be deposited in the fund, provided that any civil penalty or costs imposed under P.L.1960, c.39 (C.56:8-1 et seq.), shall be deposited in accordance with that act.  c. Nothing in this act shall be expressly or impliedly construed or interpreted to abrogate or limit the authority of the Attorney General to investigate and prosecute FRT plywood related claims, whether or not referred by the commissioner, under P.L.1960, c.39 (C.56:8-1 et seq.) or any other statutory or legal basis available to the Attorney General.  L.1991,c.202,s.5.
NJ Rev Stat § 46:3B-19 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-19 - No payment for defect in new home warranted under alternative program

46:3B-19. No payment for defect in new home warranted under alternative program  10. Except as otherwise provided in this act, no payment shall be made from the new home warranty security fund established pursuant to section 7 of P.L.1977, c.467 (C.46:3B-7) for any defect in any new home warranted under an approved alternative new home warranty security program approved pursuant to section 8 of P.L.1977, c.467 (C.46:3B-8). The builder or other transferor of any new home warranted under an approved alternative new home warranty security program shall give written notice to the owner, and to any subsequent purchaser during the period in which the warranty is in effect, that the approved alternate new home warranty security program has exclusive responsibility for warranting the new home and that no claim may be brought against the new home warranty security fund for any cause other than defective FRT plywood roof sheathing.  L.1991,s.202,s.10.
NJ Rev Stat § 46:3B-20 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3B-20 - Claimant deemed to have elected remedy

46:3B-20. Claimant deemed to have elected remedy  11. a. For purposes of a claim filed by a claimant for damages arising out of the failure of fire retardant treated plywood pursuant to this act, the claimant shall be deemed to have elected a remedy pursuant to section 9 of P.L.1977, c.467 (C.46:3B-9) upon the filing of a claim with the commissioner pursuant to section 2 or section 6 of this act. However, such an election of remedy shall not be deemed to have occurred for a claim filed pursuant to section 6 of this act if the assignment of the claim is declined by the Attorney General pursuant to paragraph (1) or (3) of subsection b. of section 6 of this act, or if the relief required for the assignment of the claim pursuant to paragraph (4) of subsection b. of section 6 of this act is denied by the court. In such instance the claimant may continue to pursue the civil action for damages arising out of the failure of fire retardant treated plywood.  b. For purposes of this section, a "claim" means a claim filed pursuant to this act by an owner, a warranty guarantor, a builder, or jointly by an owner and builder for the remediation of damages to any portion of the affected structure or structures arising out of the failure of fire retardant treated plywood. For purposes of this section, the claim shall be deemed to include all portions of the structure or structures which contain fire retardant treated plywood, whether or not the claimant or the joint claimant has sought remediation of all the affected structure or structures.  c. The provisions of section 9 of P.L.1977, c.467 (C.46:3B-9), shall not be deemed to preclude the Attorney General from filing, maintaining, or continuing a legal action against potential responsible parties regarding a claim which the Attorney General has accepted for assignment pursuant to this act.  L.1991,c.202,s.11.
NJ Rev Stat § 46:3C-1 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-1 - Short title

46:3C-1. Short title  1. This act shall be known, and may be cited, as the "New Residential Construction Off-Site Conditions Disclosure Act." L.1995,c.253,s.1.
NJ Rev Stat § 46:3C-2 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-2 - Findings, declarations relative to purchase of residential real estate

46:3C-2. Findings, declarations relative to purchase of residential real estate  2. 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. L.1995,c.253,s.2.
NJ Rev Stat § 46:3C-3 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-3 - Definitions

46:3C-3. Definitions  3. 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. L.1995,c.253,s.3.
NJ Rev Stat § 46:3C-4 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-4 - Off-site conditions, municipal lists

46:3C-4. Off-site conditions, municipal lists  4. 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. L.1995,c.253,s.4.
NJ Rev Stat § 46:3C-5 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-5 - Providing municipal clerk with lists of off-site conditions

46:3C-5. Providing municipal clerk with lists of off-site conditions  5. a. 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. b. 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]." L.1995,c.253,s.5.
NJ Rev Stat § 46:3C-6 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-6 - Lists from the Commissioner of Environmental Protection

46:3C-6. Lists from the Commissioner of Environmental Protection  6. a. 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. b. 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]." L.1995,c.253,s.6.
NJ Rev Stat § 46:3C-7 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-7 - Fees for copies of lists.

46:3C-7 Fees for copies of lists.  7. 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). L.1995,c.253,s.7; amended 2000, c.126, s.28.
NJ Rev Stat § 46:3C-8 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-8 - Seller's notice regarding off-site conditions

46:3C-8. Seller's notice regarding off-site conditions  8. 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 " L.1995,c.253,s.8.
NJ Rev Stat § 46:3C-9 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-9 - Cancellation of contract

46:3C-9. Cancellation of contract  9. 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. L.1995,c.253,s.9.
NJ Rev Stat § 46:3C-10 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-10 - Seller's disclosure duties

46:3C-10. Seller's disclosure duties  10. a. 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. b. 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. c. 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. d. 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. L.1995,c.253,s.10.
NJ Rev Stat § 46:3C-11 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-11 - Seller not required to contribute to list

46:3C-11. Seller not required to contribute to list  11. 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. L.1995,c.253,s.11.
NJ Rev Stat § 46:3C-12 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:3C-12 - Nonliability for civil damages

46:3C-12. Nonliability for civil damages  12. 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. L.1995,c.253,s.12.
NJ Rev Stat § 46:4-1 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:4-1 - Short form deed

46:4-1. Short form deed  A deed may be made in the following form or to the same effect: "This deed made the day of , in the year , between (here insert names and residences of parties); Witnesseth: That in consideration of (here state the consideration), the said doth (or do) grant and convey unto the said all, et cetera (here describe the property and insert covenants or any other provisions); In Witness Whereof the said party of the first part ha hereunto set hand and seal the day and year first above written; Signed, sealed and delivered . In the presence of ."
NJ Rev Stat § 46:4-2 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:4-2 - "The said covenants" construed

46:4-2. "The said covenants" construed  When a deed uses the words "the said covenants" , such covenant shall have the same effect as if it was expressed to be by the covenantor, for himself, his heirs, personal representatives and assigns, and shall be deemed to be with the covenantee, his heirs, personal representatives and assigns.
NJ Rev Stat § 46:4-3 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:4-3 - Covenant of seizin

46:4-3. Covenant of seizin  A covenant by the grantor in a deed "that he is lawfully seized of the said land" , shall have the same effect as if he had covenanted, promised and granted to and with the grantee, his heirs and assigns, that at the time of the sealing and delivery of the deed, he, the said grantor, was seized in his own right of an absolute and indefeasible estate of inheritance in fee simple, of and in all and singular the premises thereby granted, with the appurtenances.
NJ Rev Stat § 46:4-4 (2021)
2021 New Jersey Revised Statutes|Title 46 - Property|Section 46:4-4 - Covenant as to right to convey

46:4-4. Covenant as to right to convey  A covenant by the grantor in a deed "that he has the right to convey the said land to the grantee" , shall have the same effect as if the grantor had covenanted that he has good right, full power and absolute authority to grant, bargain, sell and convey the said land, with all the buildings thereon, and the privileges and appurtenances thereunto belonging unto the grantee, his heirs and assigns forever, in the manner in which the same is conveyed, or intended so to be by the deed, and according to its true intent.