What the current sources say
Delivery rule
P.L. 2024, c.32 requires a brokerage firm to obtain the signed statement from its seller principal. When a seller is not represented or is working with a transaction broker, the statute addresses delivery to the buyer before the buyer becomes obligated under a purchase contract.
Licensee guidance
NJDOBI Bulletin 24-11 summarizes the statute for real estate licensees and identifies the statement provided for in N.J.S.A. 56:8-19.1.
Current form
The Consumer Affairs form is effective April 20, 2026. Use the current version rather than an archived brokerage form.
Knowledge standard
The form calls for answers to the best of the seller's knowledge. It says the completed statement is not a warranty and is not a substitute for an inspection by qualified professionals.
The form does not turn unknown facts into known facts
The current form offers yes, no and unknown choices for many questions. Use records and actual knowledge. Do not guess at a system age, repair history, permit status, environmental condition or prior event to make the form look complete.
The form itself says the seller is aware of an obligation to disclose known material defects even when a printed question does not address them. That is the State form's instruction. Whether a particular fact is known, material, adequately described or governed by another statute is a transaction-specific legal question.
Executor, administrator or trustee sellers
The current form includes a dedicated signature area for an executor, administrator or trustee who never occupied the property and lacks the personal knowledge necessary to complete the statement. That block is part of the official form; it should not be replaced by a generic claim that every fiduciary is exempt or that every fiduciary completes the form like an owner-occupant.
Give the current form, title and estate records to the brokerage firm and the professional advising the transaction. Answer what is actually known and follow their guidance on the applicable completion and signature path.
Flood questions use a separate source and timing rule
The Consumer Affairs instruction sheet separates residential questions 1–108 from Flood Risk Addendum questions 109–117. It directs sellers to verify specified flood-zone answers with the State's Flood Risk Notification Tool and to answer the remaining flood-history questions from actual knowledge.
Keep the tool result, insurance records and any available flood or water documents with the seller's working file. The buyer should receive the completed current form in the sequence required by the governing law and contract.
Oil tanks, permits and repairs: document the property, not a conclusion
The current form asks about fuel tanks, remediation, water, structural conditions, permits and many other subjects. If a report, permit, invoice, closure letter or inspection exists, preserve it and identify it accurately. A marketing page cannot decide whether a particular record resolves a legal disclosure issue.
For a repair, distinguish what was observed, who performed the work, what document exists and whether a permit or approval was issued. Avoid describing a condition as “resolved” unless the record and the responsible professional support that statement.
As-is language does not replace the form
An as-is provision is contract language. It does not, by itself, answer what the statute or current form requires, what facts are known, or what remedies the written agreement preserves. The form also tells buyers that it is not a substitute for an inspection.
The NJDOBI home-buying guide discusses property-condition forms, inspections and attorney review as distinct parts of a transaction. Use the signed contract and professional advice for the specific deal.
Questions the form cannot answer for you
Should an answer be yes, no or unknown?
Use actual knowledge and available documents. Ask legal counsel when the facts or wording are unclear.
Does a past repair eliminate the need to mention the original issue?
That depends on the question, records, current condition and applicable law. Describe documents accurately and obtain transaction-specific advice.
Does an event at or near the property require disclosure?
Do not rely on a categorical internet list. Different physical, environmental, statutory and contract issues have different rules.
Does the buyer still need an inspection?
The State form expressly says it is not a warranty and is not a substitute for an inspection by qualified experts.
Primary sources
- New Jersey Legislature — P.L. 2024, c.32
- NJDOBI — Bulletin 24-11
- NJ Consumer Affairs — Seller's Property Condition Disclosure Statement, effective April 20, 2026
- NJ Consumer Affairs — disclosure statement instructions
- NJDOBI — Buying a Home consumer guide
Build the seller file before marketing
Jorge can help organize property records, current comparable sales and a factual listing plan. Legal questions about the form or contract stay with the professional advising the transaction.