Get New Jersey Lead Based Paint Disclosure for Sales Transaction

Requirements for lead-based paint disclosures Provide the prospective buyer or tenant with a copy of the EPA pamphlet entitled Protect Your Family from Lead in Your Home. Provide disclosure of all known lead-based paint hazards in the home, including any previously obtained reports.

In New Jersey, sellers have a "duty to disclose" material facts or defects and cannot hide information about their property. Disclosable information would certainly include mold and any significant water intrusion such as flood damage or ongoing problems with wet basements or crawl spaces and groundwater.

Property sellers are usually required to disclose negative information about a property. It is usually wise to always disclose issues with your home, whether you are legally bound to or not. The seller must follow local, state, and federal laws regarding disclosures when selling their home.

New Jersey Sellers Must Disclose Known, Latent, Material Defects. In order to protect buyers from unwittingly purchasing real estate with hidden defects, a New Jersey home seller has a duty under the common law to tell prospective buyers about known, latent (concealed) material defects in the property.

In 1972, the State of New Jersey banned the use of lead-based paint. The Federal Government banned its use in residential properties in 1978.

Under Maryland law, the owner is required to disclose whether any lead paint related remediation needs to be done, and whether the owner will perform the remediation before the sale.

New Jersey's statutes do not require sellers to offer specific disclosures about a property. Sellers must, however, disclose any known material defects or negative issues. Garden State realtors managing listings may provide a seller's disclosure form, as noted on NJ.com.

If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.