Selling your home without an agent inHowell, New Jersey

N.J.S.A. 56:8-19.2(a)

Beginning March 20, 2024, a New Jersey seller must use the property condition disclosure statement to disclose whether the property is in a FEMA Special or Moderate Risk Flood Hazard Area and the seller’s actual knowledge of flood risks before the purchaser is contractually obligated.

P.L. 2024, c.32, § 2(e)

When the seller is a principal in a New Jersey residential transaction, the seller must provide the brokerage firm a filled-in and signed property condition disclosure statement for the firm to obtain.

P.L. 2024, c.32, § 2(e)

In a New Jersey residential sale, a seller who is not represented by a brokerage firm and is not working with a transaction broker must give the property condition disclosure statement to the buyer before the buyer becomes obligated under a purchase contract.

NJ Division of Taxation > GIT/REP FAQ > General Information

A New Jersey real-property deed transfer or sale requires an applicable GIT/REP form to be recorded with the deed.

NJ Division of Taxation > GIT/REP FAQ > submission

The GIT/REP filing is submitted at closing with RTF-1, but the nonresident withholding and Realty Transfer Fee filings remain separate recording requirements.

NJ Division of Taxation > Graduated Percent Fee

For a covered New Jersey deed with consideration over $1 million, the seller is statutorily responsible for the RTF and supplemental Graduated Percent Fee.

NJ Division of Taxation > Graduated Percent Fee > rates

New Jersey’s current Graduated Percent Fee applies to the entire consideration at 1% over $1 million through $2 million, 2% over $2 million through $2.5 million, 2.5% over $2.5 million through $3 million, 3% over $3 million through $3.5 million, and 3.5% over $3.5 million.

NJ Division of Taxation > Realty Transfer Fee

New Jersey imposes the Realty Transfer Fee on the seller when the deed for a real-property sale is recorded, generally using deed consideration or the stated assessed-value method.

NJ Division of Taxation > Realty Transfer Fee > exemptions

The RTF generally applies to New Jersey title conveyances unless an exemption applies, and a seller claiming a full or partial exemption must file Form RTF-1 with the deed.

NJ Division of Taxation > GIT/REP FAQ > nonresident

A nonresident individual, estate, or trust selling New Jersey real property must use GIT/REP-1 at closing or GIT/REP-2 before closing to record the deed unless a listed GIT/REP-3 seller assurance applies.

NJ Division of Taxation > GIT/REP FAQ > withholding calculation

New Jersey’s current nonresident real-property estimated payment uses the highest Gross Income Tax rate times seller gain but cannot be less than 2% of consideration; 2% is a floor, not a cap.

42 U.S.C. § 4851b(27)

Federal lead-disclosure law generally defines target housing as housing constructed before 1978, subject to the statutory elderly, disability, zero-bedroom, child-occupancy, and jurisdiction-specific exceptions.

42 U.S.C. § 4852d(a)(1)(B)

Before a purchaser or lessee is contractually obligated for target housing, the seller or lessor must disclose known lead-based paint or hazards and provide available lead-hazard evaluation reports.

42 U.S.C. § 4852d(a)(1)(C)

For a target-housing sale, the seller must permit the purchaser a 10-day lead risk-assessment or inspection period unless the parties mutually agree to a different period.

N.J.S.A. 52:27D-133.3(a)

For a change of occupancy in a dwelling unit in a building with fewer than three units where a municipal compliance certificate is required, the certificate cannot issue until the authority determines that the unit has qualifying carbon-monoxide devices or no potential carbon-monoxide hazard.

N.J.S.A. 52:27D-133.3(b)

When the municipal route does not apply, a New Jersey owner may not sell or permit residential occupancy of a dwelling unit in a building with fewer than three units without first obtaining the Uniform Fire Safety Act carbon-monoxide certificate.

N.J.S.A. 52:27D-133.3(e)

An owner who sells or permits occupancy without § 52:27D-133.3 compliance is subject to a fine of up to $100 enforced by the local agency.

N.J.S.A. 52:27D-198.1

A New Jersey residential structure used by no more than two households must have a smoke alarm on every level and outside each separate sleeping area as specified by § 198.1.

N.J.S.A. 52:27D-198.1

A covered New Jersey structure with a secondary power source must have the statutory warning label within 18 inches of both the main electrical panel and electrical meter.

N.J.S.A. 52:27D-198.2(a)

When local law already requires an occupancy, inspection, or similar compliance certificate for a covered New Jersey change of occupancy, that certificate cannot issue until the municipal authority determines smoke-alarm compliance.

N.J.S.A. 52:27D-198.2(b)

For a specified foreclosure, forfeiture, or federal-agency purchase involving rehabilitation that requires a new certificate of occupancy, a purchaser who did not obtain the ordinary compliance certificate must obtain the necessary certificates before occupancy.

N.J.S.A. 52:27D-198.2(b)

If the local-certificate route does not apply, a New Jersey owner may not sell or permit residential occupancy of a covered building without first obtaining the Uniform Fire Safety Act compliance certificate.

N.J.S.A. 52:27D-198.2(b)

A qualifying rehabilitation transfer requiring a new certificate of occupancy is exempt from the ordinary § 198.2 certificate route, but occupancy remains barred until the appropriate certificate is obtained.

N.J.S.A. 52:27D-198.3

A covered New Jersey owner who sells or permits occupancy without smoke-alarm or inspection-and-certification compliance is subject to a local-enforcement fine of up to $500.

N.J.S.A. 58:12A-27(a)

A New Jersey contract to sell property supplied by a covered private or small potable well must require testing of that water supply as a condition of sale.

N.J.S.A. 58:12A-27(b)

For a New Jersey sale subject to the Private Well Testing Act, title may not close until buyer and seller have received and reviewed the water-test results; at closing both must certify that receipt and review in writing.