New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 29 - PROPERTY CONDITION DISCLOSURE › Section 13:45A-29.1 - Property Condition Disclosure Form

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section implements the provisions of P.L. 1999, c. 76, 56:8-19.1, concerning the exemption of real estate brokers, broker-salespersons and salespersons from provisions of the Consumer Fraud Act, 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 pursuant to N.J.S.A. 45:15-1 et seq.
"Property condition disclosure statement" means a writing, as set forth at (d) below, signed by the seller and containing information on the condition of the property being sold.
(c) A real estate licensee shall not be liable for the communication of any false, misleading, or deceptive information to a buyer that had been provided to the real estate licensee regarding 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;
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 be 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 at (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; and
3. Referred the buyer of the property to the Mold Guidelines for New Jersey Residents pamphlet on the Department of Health website, or its successor, and, if requested by the buyer, provided the buyer with a physical copy of the pamphlet, in the event the property condition disclosure statement contained information in response to questions 9, 9a, or 10 set forth at (d) below that indicated the seller's awareness of water leakage, accumulation, or dampness, the presence of mold or other similar natural substance, or repairs or other attempts to control any water or dampness problem on the property.