Does an Executor Have to Fill Out a Seller's Disclosure in New Jersey?

In general, yes: since August 1, 2024, New Jersey's Seller's Property Condition Disclosure Statement has been mandatory for sellers of residential property, and the official instructions and the 2024 law I read don't carve out executors or estates. The answers are given to the best of the seller's knowledge, so an executor who never lived in the house answers from what they actually know, and the estate's attorney confirms how to handle it.

I'm Dennis Mark Interdonato with The Dennis Mark Group at Keller Williams Realty Ocean Living. If you're an executor in Monmouth or Ocean County, standing in a house you haven't been inside in years, this one's for you. Here's what the rules say and how to get it right.

What does New Jersey's 2024 disclosure law require?

The Real Estate Consumer Protection Enhancement Act, P.L.2024, c.32, took effect August 1, 2024. Where the seller is the client in a residential sale, it requires the seller's brokerage to obtain a signed property condition disclosure statement, with the seller filling in and signing the statement. If the seller has no agent, the seller must give the statement to the buyer before the buyer is obligated under a contract.

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

• Questions 1 through 108 are mandatory for all sellers of residential real property in New Jersey, answered before the buyer becomes obligated under a contract, and answered to the best of the seller's knowledge unless a question says otherwise.
• Questions 109 through 117, the Flood Risk Addendum, are mandatory for all sellers of real property under N.J.S.A. 56:8-19.2, residential or not. Questions 109 and 110 must be verified, and the seller may use the state's Flood Risk Notification Tool at flooddisclosure.nj.gov. Questions 111 through 117 are answered from the seller's actual knowledge.
• Known defects count even if the form doesn't ask. The instructions say the seller must disclose any known material defects in the property, even if they aren't addressed on the printed form.

Is an estate exempt from the seller's disclosure in New Jersey?

I didn't find an exemption for executors, administrators or estates in the text of P.L.2024, c.32 or in the Division of Consumer Affairs' instructions. Some other states exempt fiduciaries. Don't assume New Jersey does. The estate's attorney should confirm how the estate completes the form before the house goes on the market.

How does an executor answer questions about a house they didn't live in?

Accurately, from what you actually know. The instructions say the seller alone is the source of the information on the form, and most questions ask for the seller's knowledge, not a guarantee. An executor who never lived in the house knows less than the owner did, and the answers should reflect that rather than fill gaps with guesses.

You can know more than you think, though. Before you fill it out:

1. Gather the paper. Repair receipts, warranties, permits, the last few years of utility and oil bills, any inspection or insurance reports, and anything about a heating oil tank.
2. Ask the family. Whoever visited, helped with repairs or handled the bills may remember the roof, the water heater or the basement.
3. Walk it with someone who knows construction. I spent years building and remodeling New Jersey homes. I'll walk the house the way a builder does, from the roof to the mechanicals, and tell you what a buyer's inspector is likely to flag. What you learn in that walk-through is knowledge, so expect to disclose it.
4. Take the draft to the attorney. The attorney reviews the answers before the form goes to buyers.

The 2024 law also expects the listing brokerage to make reasonable efforts to learn the property's physical condition, including asking the seller and doing a visual inspection, and to disclose what it learns as the law requires.

Does selling as-is get the estate out of disclosure?

No. Selling as-is is about repairs, not about what you tell buyers. The instructions say known material defects must be disclosed, form or no form. As-is can be the right call for an estate home, and I'll show you both plans, as-is or a few targeted updates, with what each should bring. Either way, the disclosure gets done. My article on certificates and permits before selling an estate home covers the other paperwork a closing needs.

What if a problem turns up after the form is signed?

The form describes the property's condition as of the date on it. If something changes or you learn something new before closing, tell the attorney and me right away, so the buyer gets the update the right way. Surprises late in a sale cost more than surprises early.

How does this fit into an estate home sale?

The disclosure is one step in the order I follow for an estate home: authority confirmed, value set, contents handled, repairs decided, paperwork ready, and only then the launch, because the first two weeks on the market set the price. Start with my home value tool, read the Estate & Probate Guide, or see how I handle estate home sales.

Frequently Asked Questions

Is the seller's disclosure mandatory in New Jersey?

For residential sellers, yes. The Division of Consumer Affairs says questions 1 through 108 are mandatory for all sellers of residential real property under P.L.2024, c.32, and the Flood Risk Addendum is mandatory for all sellers of real property.

Can an executor answer "I don't know"?

The form asks for answers to the best of the seller's knowledge, so an executor answers from what they actually know. Ask the attorney how to word answers about things you can't know.

When does the buyer get the disclosure?

Before the buyer becomes obligated under any contract to buy the property, according to the Division's instructions.

Does a pre-listing inspection help?

It can tell you more about the house before you answer, and anything it finds becomes something you know. Talk it through with the attorney first.

This is general information, not legal, tax or lending advice. The estate's attorney should review the disclosure before it 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

• What paperwork you need to sell a home in New Jersey
• How to sell an inherited house in New Jersey
• The Estate & Probate Guide
• Have a question this didn't answer? Send it to Dennis Mark.