Do You Have to Disclose Past Fire or Storm Damage When You Sell in New Jersey?

In general, yes. New Jersey's Seller's Property Condition Disclosure Statement has been mandatory for residential sellers since August 1, 2024, and it asks whether you're aware of the property ever being damaged by fire, smoke, wind or flood. A separate set of flood questions goes further, and the state's instructions say you must disclose known material defects even when the printed form doesn't ask about them.

I'm Dennis Mark Interdonato with The Dennis Mark Group at Keller Williams Realty Ocean Living. If you repaired a house in Monmouth or Ocean County after a fire or a storm, you may be wondering whether the old damage still has to come up when you sell. Here's what the rules say, and why a repair done right, with the paperwork to prove it, works in your favor.

What does New Jersey's disclosure law require?

The Real Estate Consumer Protection Enhancement Act, P.L.2024, c.32, took effect August 1, 2024. It requires the seller's brokerage to obtain a property condition disclosure statement filled in and signed by the seller. A seller without an agent has to give the statement to the buyer before the buyer becomes obligated under a contract.

The Division of Consumer Affairs' instruction sheet lays out the form:

• Questions 1 through 108 are mandatory for all sellers of residential property, answered before the buyer is obligated, and answered to the best of the seller's knowledge unless a question says otherwise.
• The Flood Risk Addendum is mandatory for all sellers of real property under N.J.S.A. 56:8-19.2. Some of its questions must be verified, and you may use the state's Flood Risk Notification Tool at flooddisclosure.nj.gov. The rest are answered from your actual knowledge.
• Known defects count even if the form doesn't ask. The instructions say the seller "is under an obligation to disclose any known material defects in the property even if not addressed in this printed form."

Which questions cover fire and storm damage?

The disclosure form in the state's regulations, N.J.A.C. 13:45A-29.1, asks directly: "Are you aware if the property or any of the structures on it have ever been damaged by fire, smoke, wind or flood?" Other questions on the same form touch the repairs that usually follow damage:

• Whether the roof has been replaced or repaired since you bought the property, and whether you know of any roof leaks
• Whether you know of past efforts to repair problems with walls, floors or foundations
• Whether there have been additions, structural changes or other alterations, and whether the proper building permits and approvals were obtained

What do the flood questions ask?

The 2023 flood disclosure law, P.L.2023, c.93, lists what the Flood Risk section must ask, answered yes, no or unknown. Among the questions:

• Has the property experienced any flood damage, water seepage or pooled water due to a natural flood event, and if so, how many times?
• Have you ever filed a claim for flood damage with any insurance provider, and if it was approved, what amount was received?
• Have you, or any previous owner you know of, received assistance from FEMA or another federal disaster program for flood damage to the property?
• Is the property subject to a federal requirement to obtain and maintain flood insurance?

The law also asks whether you have flood insurance on the property and whether a FEMA elevation certificate is available, and a yes answer has to be explained. If FEMA assistance was part of your recovery, here's how that assistance works with insurance.

What if the damage was fully repaired?

The fire, smoke, wind and flood question asks whether the property was ever damaged, so a completed repair doesn't make the answer no. What the repair changes is the rest of the story. A buyer reading "fire damage, fully repaired in a permitted job, final inspection passed, receipts and warranties attached" is reading a very different disclosure from a buyer reading "yes" and nothing else.

Before you list, gather:

• The contractor's contract and warranties, and the contractor's registration number
• Construction permits and the final inspection approvals from the municipality
• The insurance adjuster's estimate and the claim paperwork
• Receipts for materials and work, and photos of the repair if you have them

If some of the work was done without permits, talk to your attorney and your municipal construction office before the house goes on the market. Here's what certificates and permits a New Jersey closing can call for.

Does selling as-is get you out of disclosure?

No. As-is is about repairs, not about what you tell buyers. The instructions say known material defects must be disclosed whether or not the form asks. As-is can be the right call for a damaged house, and I'll show you both plans, as-is or repaired, with what each should bring. Either way, the disclosure gets done. Here's how that played out for executors filling out the same form.

What does your agent have to disclose?

Under N.J.A.C. 11:5-6.4, every real estate licensee has to make a reasonable effort to learn the material facts about a property's physical condition, including asking the seller and making a visual inspection, and has to disclose what is material that they know or that a reasonable effort would have revealed. The 2024 law ties the brokerage's protection from liability to the same kind of effort. So expect me to ask about the history of the house, and expect me to look.

I'm a former New Jersey home builder and residential remodeler. I walk a house the way a buyer's inspector will, from the roof to the mechanicals, so questions about an old repair come up while you can still answer them on your terms. Start with what your home is worth, and see how I plan around a change like this on my life events page and in the Life Events Guide.

Frequently Asked Questions

Do I have to disclose a past fire when I sell in New Jersey?

In general, yes. The state's disclosure form asks whether you're aware of the property ever being damaged by fire, smoke, wind or flood, and residential sellers have had to complete it since August 1, 2024. Your attorney confirms how to answer for your property.

Do I have to disclose storm damage that was repaired?

The question asks whether the property was ever damaged, so a repair doesn't change the answer. Attach the paperwork: permits, inspections, the contract and the warranty.

What flood history does a New Jersey seller have to disclose?

The Flood Risk Addendum covers flood zone status and, from your actual knowledge, past flood damage, flood insurance claims, federal disaster assistance for flood damage and any federal requirement to carry flood insurance.

Can I sell as-is to avoid disclosing damage?

No. The state's instructions say known material defects must be disclosed even if the form doesn't ask. As-is changes who handles repairs, not what you disclose.

This is general information, not legal, tax or lending advice. Have your attorney review your disclosure answers before the form goes to buyers.

About the author

Dennis Mark Interdonato is a REALTOR® and Master CDRE® who leads The Dennis Mark Group at Keller Williams Realty Ocean Living in Point Pleasant, NJ, helping buyers and sellers throughout New Jersey make their next move, with Monmouth and Ocean County as home base. Read more about Dennis Mark.

Keep reading

• Selling a house with fire damage: repair it or sell as-is?
• Hiring a contractor after storm or fire damage
• Have a question this didn't answer? Send it to Dennis Mark and it may become the next article.