NJ A4007

Sellers of real property in New Jersey must disclose on the property condition disclosure statement whether a dam is located on the property and share any actual knowledge about the dam before a purchaser becomes obligated under a purchase contract.

The disclosure form must include specific questions about the dam's hazard classification, most recent inspection results if inspections are required by law, and any legal obligations associated with the dam that would transfer to the purchaser.

The Department of Environmental Protection must maintain a website with current information about dam ownership responsibilities, removal, and hazard classifications, which must be linked on the Department of Community Affairs website.

The Division of Consumer Affairs, in consultation with the Department of Environmental Protection, Department of Community Affairs, and New Jersey Real Estate Commission, is responsible for adding the dam disclosure questions to the property condition disclosure statement.

The law takes effect immediately and applies to real property sales occurring 90 days or more after implementing regulations are promulgated.