Our New Jersey real estate team can help you buy or sell a home.

We understand that buying or selling a home is a huge financial and emotional undertaking; selection of your attorney requires careful consideration. Our experienced New Jersey real estate attorneys can protect your rights when you buy or sell a home.

Real estate transactions can be quite complicated. Sellers in New Jersey do not have to disclose everything that might be wrong with a home, but there are certain disclosure requirements for sellers under what is known as “common law.” These include:

1. An implied warranty of habitability, which means that the home is habitable.

2. Disclosing to the buyer any latent, material defects that the seller knew or should have known about. In this context, a “material” property condition is one that would affect the buyer’s decision to purchase. (Obvious property defects, or defects that are not material, need not be disclosed.)

3. Making relevant disclosures related to items in the contract.

4. Disclosing whether a property is stigmatized due to a violent death on the property, but only if the buyer specifically asks.

It is worth noting that, although New Jersey law technically allows a seller to sell their property “as is,” the seller cannot avoid certain disclosure requirements, such as the implied warranty of habitability. For example, if the water pipes contain damaging toxins that make the water unsafe for consumption, then the defect must either be corrected or the buyer must be made aware of the issue. If the seller hides this information from the buyer, then the buyer may later have a legitimate cause of action against the seller for failing to adhere to the implied warranty of habitability. Additionally, including an “as is” clause in the contract does not necessarily bar the buyer from inspecting the property for major defects.

Buyers have responsibilities, too. A buyer typically cannot bring an action against the seller for failing to disclose known or obvious defects. For example, if a buyer is aware that the lobby stairwell is broken when they purchase the property, they may not be able to sue and recover damages from the seller for a subsequent injury on the stairwell. As such, it is fairly standard procedure for a buyer to consult with a qualified real estate attorney and use a certified real estate inspection professional to evaluate the property for defects before moving forward with their purchase.

At Posternock Apell, PC, our New Jersey real estate attorneys have extensive experience representing clients involved in the purchase or sale of a home across New Jersey. We understand the requirements imposed on each party, and we know how to help both parties effectively navigate the transaction so as to minimize the risk of miscommunication, abuse, and conflict. Contact our firm today for more information.