How many documents does a New Jersey home seller have to produce themselves?

Of the 22 documents a New Jersey residential sale commonly touches, about 7 are usually the seller's own work: Seller's Property Condition Disclosure (SPCD) — NJ Realtors Form 140; Oil Tank Disclosure; Flood Risk Notification (P.L. 2023, c. 93); Federal lead-based paint; Smoke/CO/portable fire extinguisher certificate; Municipal CCO (if required by locality); Condo/HOA resale package. The rest are usually prepared by a title company, an attorney, a lender, or the county. This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

Selling a house in New Jersey: the paperwork

Every document a New Jersey sale commonly touches, who usually produces it, and the law behind it. In most sales the seller's own share is small, and this page shows you which part that usually is.

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7documents are usually the seller's

out of 22 in a New Jersey sale

Tell us about your sale

Answer what you know. Skip what you don't. Every answer takes something off your list or explains why it stays on.

The home

Was the home built before 1978?

Older homes carry a federal lead paint disclosure. It's the same in every state.

Is the home in an HOA, condo, or co-op?

The association has to produce a package, and they can take weeks. Worth knowing early.

Is there a well or septic system?

Private water and sewer get their own questions, and sometimes their own inspection.

Is the home on the water, or in a flood zone?

Waterfront and floodplain homes pick up extra disclosures in most states.

Are there solar panels?

Owned panels transfer with a warranty. Leased ones need the lease company's sign-off.

Is there a propane, oil, or underground tank?

Tanks are usually leased rather than owned, and the lease has to move with the house.

You and the title

Are you married?

Some states need a spouse's signature even when they're not on the title. Many don't.

Is the home owned by a trust, LLC, or company?

An entity needs paperwork showing who's allowed to sign for it.

Did you inherit the home, or is it in probate?

How the home came to you decides which deed you can sign.

Does anyone rent or live in the home besides you?

A lease and its deposit transfer with the sale, and the tenant has to be told.

Do you file U.S. taxes as a citizen or resident?

If you don't, the buyer has to hold back part of the price and send it to the IRS.

Will you be at the closing yourself?

Signing from a distance takes a power of attorney, and it has to be arranged early.

Its history

Have you claimed on your home insurance in the last five years?

Past claims show up on a report the buyer's insurer can pull. Better it comes from you.

Is there work on the house that was never permitted, or a permit still open?

An open permit can stop a closing. Closing one out takes time you'll want in hand.

Usually the seller's to produce

In most sales nobody else prepares these. Whether each one applies to you depends on your home, your title, and your buyer.

Seller's Property Condition Disclosure (SPCD) — NJ Realtors Form 140Delivered before contract
Oil Tank DisclosureUniversal in practice; often on SPCD or as separate riderOn your list because is there a propane, oil, or underground tank
Flood Risk Notification (P.L. 2023, c. 93)Delivered with contract or beforeOn your list because is the home on the water, or in a flood zone
Federal lead-based paintAttached to contractOn your list because was the home built before 1978
Smoke/CO/portable fire extinguisher certificateDelivered before closing
Municipal CCO (if required by locality)Delivered before closingOn your list because is there work on the house that was never permitted, or a permit still open
Condo/HOA resale packageDelivered to buyerOn your list because is the home in an hoa, condo, or co-op

Usually somebody else's to prepare

Commonly handled by a title company, an attorney, a lender, or the county. Listed so none of them is a surprise.

Contract of SaleFoundational contract
Bargain-and-sale deed with covenantsRecorded post-closing
Affidavit of TitleIn closing packet
RTF-1 (Affidavit of Consideration for Use by Seller)Filed with recording
GIT/REP-3 (Seller's Residency Certification/Exemption) OR GIT/REP-1 (nonresident)Filed with recordingOn your list because do you file u.s. taxes as a citizen or resident
Title report / commitmentBuyer's attorney addresses; seller's attorney cures objections
Realty Transfer Fee remittanceFiled with recording
ALTA / RESPA closing statementClosing packet
Buyer's Closing DisclosureBuyer's packet
Payoff statementsClosing packet
Wire-fraud advisoryClosing packet / email
FIRPTA non-foreign affidavitIn closing packet
1099-SFiled with IRS
Bill of sale for personaltyClosing packet
Mortgage satisfactionRecorded post-closing

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How New Jersey generally runs a sale

The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.

Closing typeAttorney-mediated hybrid. Title companies (regulated by NJ Department of Banking and Insurance) close transactions, but both parties customarily retain attorneys.

Property regimeCommon law equitable distribution. Dower and curtesy abolished 1980 (N.J.S.A. 3B:28-2). No blanket spousal-joinder for sole-title property (though tenancy-by-the-entirety property requires b...

HomesteadNo constitutional homestead like FL/TX; no spousal-joinder-for-homestead rule.

Standard deedBargain-and-sale deed with covenants as to grantor's acts (N.J.S.A. 46:5-3); special warranty and quitclaim also used.

Disclosure regimeNO STATUTORY DISCLOSURE FORM. Common-law duty grounded in *Weintraub v. Krobatsch*, 64 N.J. 445 (1974) (nondisclosure of material latent defects);

Transfer taxRealty Transfer Fee (RTF) — tiered from $2 to $6.05 per $500 of consideration based on price (N.J.S.A. 46:15-7). Additional "mansion tax" 1% on residential $1M+ (buyer pays, N.J.S.A.

Attorney ReviewUnique 3-business-day window after Realtor-drafted contract execution during which either attorney can disapprove/modify the contract. Governed by *NJ State Bar Assn. v. NJ Assn.

RONAuthorized under P.L. 2022, c. 76 (effective October 2022) — codified at N.J.S.A. 52:7-10.13 et seq.

Recording actRace-notice (N.J.S.A. 46:26A-12).

Recording officeCounty Clerk (or Register of Deeds in Essex, Bergen, Hudson, Union).

Other things New Jersey asks about

These come up in New Jersey and almost nowhere else. We don't ask them above because we can't answer them for you yet, but they're worth raising with your title company.

Built before 1978?
Are you married?
Will you attend closing?
Any known material defect or off-site condition (landfill, contamination site nearby)?

Before you rely on any of this

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

These counts describe a typical sale, not yours. Which documents you need turns on facts about your home, your title, your buyer, and your county, and one unusual answer can add several or remove them.

Who prepares each document is what usually happens, not a rule. Practice differs between states, between counties, and between one title company and the next, and your contract can move work from one side to the other.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

The full New Jersey reference

The rest of the research, with every citation kept. This is the same material our own product is built on, and nothing is held back for paying customers. It describes the law as the research found it, not as it applies to your sale.

ALWAYS-required documents (every NJ residential transaction)

Contract of Sale

Ownership: In Realtor deals, [REALTOR] drafts the initial contract using NJ Realtors' Standard Form of Real Estate Contract (Form 118); either party's [ATTORNEY] may then modify or disapprove within the 3-day review period. Legal basis: N.J.S.A. 25:1-13 (statute of frauds); NJ State Bar Assn. v. NJ Assn. of Realtor Boards, 93 N.J. 470 (1983) (attorney review rule).

Seller's Property Condition Disclosure (SPCD) — NJ Realtors Form 140

Ownership: [SELLER] Appears: Delivered before contract execution. Legal basis: No NJ statute mandates a specific disclosure form. However, common-law duty under Weintraub v. Krobatsch, 64 N.J. 445 (1974) requires disclosure of known material latent defects. Practical rule: SPCD is universal in Realtor-brokered deals; strongly advised in FSBO deals to establish the seller's disclosure baseline. Form: NJ Realtors Form 140 (member-accessible; also available via NJ Realtors' public consumer resources). Non-Realtor path: FSBO seller can produce a written disclosure covering the same categories — no statutory form required. Standard of liability: Knowing failure to disclose material defects; also Strawn v. Canuso (below).

Attorney-Review Rule (3 business days)

Applies to: Any residential contract of sale for property with 1–4 dwelling units prepared by a real estate broker/salesperson (does not apply to FSBO deals where no broker is involved). Rule: After the contract is signed by both parties, either party has 3 business days to have an attorney review the contract. Attorney may disapprove or propose modifications in writing during that window. If either attorney disapproves in writing within 3 days, the contract is void ab initio. Consequence: During the review window, buyer/seller cannot enforce the contract; after the window closes without disapproval, contract is binding. Substance: This is a practice rule, not embedded language. The NJ Realtors Form 118 contract already contains the attorney-review clause; FSBO sellers using non-Realtor forms are not subject to the attorney-review rule but still commonly include a review period.

Off-site condition disclosure — Strawn v. Canuso

Rule: Under Strawn v. Canuso, 140 N.J. 43 (1995), the seller (and seller's broker) must disclose known off-site material conditions (adjacent landfill, contamination site, etc.) that would materially affect value. Legislature codified partially at N.J.S.A. 46:3C-1 et seq. (New Home Warranty and Builders' Registration Act — for new construction) and via subsequent broker regulation.

Oil / Underground Storage Tank (UST) disclosure

Trigger: Property has (or has had) an oil tank (above-ground or underground) for heating fuel. Ownership: [SELLER] — disclose known active tanks, abandoned tanks, or removed tanks. Legal basis: No specific NJ statute mandates the disclosure, but the common-law disclosure duty + Underground Storage of Hazardous Substances Act (N.J.S.A. 58:10A-21 et seq.) creates substantial liability for undisclosed tanks. New Jersey is one of the most litigious states in the country for undisclosed heating oil tank contamination. Practical requirements:

Disclose all known tanks (past and present) on SPCD or separate rider.
If tank was abandoned in place — disclose method (sand-filled, foam-filled, etc.).
If tank was removed — disclose removal date and NJDEP closure documents.
If soil contamination was discovered — disclose remediation status (Response Action Outcome / RAO).

How to find:

NJDEP UST database: nj.gov/dep/srp/.
Municipal building department (for permits related to installation, abandonment, or removal).

Flood Risk Notification — P.L. 2023, c. 93 (effective 2024)

Trigger: All residential real property transfers. Ownership: [SELLER] Legal basis: N.J.S.A. 46:3C-11 (added by P.L. 2023, c. 93). Required contents: Written disclosure at or before contract execution covering:

Whether property is in a FEMA-designated flood zone.
Whether property is in a moderate risk area.
Whether the property has ever been damaged by flood.
Whether the seller has ever received federal flood assistance.
Whether the property has flood insurance (and premium, if the seller knows).
Whether elevation certificates exist.
Recommendation that buyer obtain flood insurance regardless of federal requirement.

Substance-over-form: The Department of Community Affairs publishes a suggested form; substance is a written disclosure meeting the statutory content requirements.

How to find: NJ DCA website; NJ Realtors publishes a form.

GIT/REP forms — Non-resident income tax

Ownership: [SELLER's ATTORNEY] prepares. Trigger: All residential real property transfers require ONE of the following to be filed at closing:

GIT/REP-1: Nonresident Seller's Tax Declaration (with estimated tax payment at highest gross income tax rate).
GIT/REP-2: Nonresident Seller's Tax Prepayment Receipt.
GIT/REP-3: Seller's Residency Certification/Exemption (for NJ residents or exempt sellers).
GIT/REP-4: Waiver of Seller's Filing Requirement (specific exemptions).

Legal basis: N.J.S.A. 54A:8-8 et seq.

Realty Transfer Fee (RTF) — RTF-1 Affidavit of Consideration

Ownership: [SELLER's ATTORNEY] prepares. Rate: Tiered per N.J.S.A. 46:15-7. Standard residential rates escalate at various price thresholds. Additional 1% mansion tax on residential $1M+ (paid by buyer). Form: RTF-1 (seller) and RTF-1EE (buyer, for mansion tax) filed with recording. Exemptions: Senior citizen (65+), blind, disabled — reduced rate. Low- and moderate-income housing.

Bargain-and-sale deed with covenants

Ownership: [SELLER's ATTORNEY] drafts. Legal basis: N.J.S.A. 46:5-3. Recording: County Clerk (or Register of Deeds in Essex, Bergen, Hudson, Union).

Affidavit of Title

Ownership: [SELLER's ATTORNEY] drafts. Content: Seller's sworn statement regarding marital status, judgments, liens, bankruptcies, possession, and other title matters. Standard title-clearing document.

Smoke Alarm / CO Detector / Portable Fire Extinguisher Certification

Ownership: [SELLER] — obtain from local fire prevention official. Legal basis: N.J.A.C. 5:70-2.3 (Uniform Fire Code); N.J.S.A. 52:27D-198.1 (smoke alarm requirements). Rule: Every 1–2 family dwelling being sold must obtain a Certificate of Smoke Alarm, Carbon Monoxide Alarm and Portable Fire Extinguisher Compliance from the local fire official before transfer of title. How to obtain: Schedule inspection with municipal fire prevention bureau; fees typically $50–$150; inspection required before closing.

Wire-fraud advisory

Ownership: [SELLER's ATTORNEY + TITLE].

SOMETIMES-required documents (only when triggered)

HOA / condo — PREDFDA + resale package

Trigger: Property in a condo, cooperative, PUD, or homeowners' association. Ownership: [HOA / MGMT CO] provides; seller orders. Legal basis: Planned Real Estate Development Full Disclosure Act (PREDFDA), N.J.S.A. 45:22A-21 et seq. Contents: Master deed / declaration, bylaws, rules, budget, financials, minutes, insurance, arrears letter, resale certificate. How to find: Association or management company.

Private Well Testing Act — N.J.S.A. 58:12A-26 et seq.

Trigger: Property has a private well providing potable water AND transaction is a sale (including sale by contract for deed). Ownership: [SELLER] — must have well water tested by a NJDEP-certified lab before closing; disclose results to buyer. Required tests: Coliform bacteria, nitrate, nitrite, iron, manganese, hardness, pH, sodium, lead, mercury, uranium, gross alpha (in certain counties), and (in specific counties) arsenic, VOCs, radon. Certification: Buyer must sign certification that they received the results before closing. How to find: NJDEP: nj.gov/dep/watersupply/pw-testing.html — list of certified labs.

Marital status / tenancy by the entirety

Property held as tenants by the entirety requires both spouses to sign. Otherwise, no spousal-joinder requirement.

Trust / entity

Trust certification (N.J.S.A. 3B:31-71); LLC/corp resolution + Certificate of Standing from NJ Treasury/Division of Revenue.

Estate / Surrogate's Court

Executor's/administrator's deed; Letters Testamentary from county Surrogate.

Power of attorney

Notarized. Real-estate-specific POA acceptable; must be recorded if attorney-in-fact will sign a recorded instrument (N.J.S.A. 46:14-2.1).

Tenant-occupied

Tenant estoppel; lease assignment; security-deposit reconciliation with 1% administrative fee (Rent Security Deposit Act, N.J.S.A. 46:8-19). Anti-Eviction Act (N.J.S.A. 2A:18-61.1) — limits landlord's ability to terminate residential tenancies; buyer typically takes subject to existing tenancy.

CLUE

LexisNexis Consumer Center. Relevant to flood-claim question in the Flood Risk Notification.

Open permits

Municipal building department search; close out before closing. Many NJ towns require open-permit resolution as part of CCO issuance.

Municipal Certificate of Continued Occupancy (CCO) or Certificate of Occupancy on transfer

Trigger: Municipality requires (varies town-by-town — approximately 200+ NJ municipalities have some form of transfer inspection). Ownership: [SELLER] — schedules municipal inspection; addresses violations. Content: Municipal inspector verifies compliance with local building/property maintenance codes; may check smoke/CO, means of egress, plumbing/electrical safety, illegal alterations. How to find: Municipal building department; each town's ordinance governs. Examples of towns with CCO/COT requirements: Newark, Jersey City, Elizabeth, Paterson, Trenton, Camden, and many suburbs. Not universal — verify with the municipality.

Solar panels

Owned: transfer warranty; UCC-1 search. Leased/PPA: coordinate with leasing company for assumption or payoff.

Megan's Law

New Jersey Megan's Law (N.J.S.A. 2C:7-1 et seq.) creates a public database; brokers/attorneys often provide notice of database availability, but there's no statutory disclosure requirement analogous to CA § 2079.10a.

Federal overlays

See master methodology § 8. Applied to New Jersey:

Lead paint (pre-1978) — attached to contract; NJ also has a state Lead Hazard Control Assistance Act layered on top for landlords.
FIRPTA — foreign sellers; federal withholding; state GIT/REP-1 for state nonresidents.
1099-S — filed by closer.
FinCEN RRE Rule (effective March 1, 2026) — apply to non-financed entity/trust transfers.
Wire fraud — attorneys and title.

Prescribed-language items (substance over form)

New Jersey has fewer prescribed-language statutes than CA/FL but a few key ones:

Item	Statute	Form / language	Non-Realtor path
Flood Risk Notification	N.J.S.A. 46:3C-11 (P.L. 2023, c. 93)	Written disclosure with statutory content items	Reproduce statutory content in written form
GIT/REP filing (any of 1/2/3/4)	N.J.S.A. 54A:8-8	Statutory form	Division of Taxation forms
RTF-1 Affidavit	N.J.S.A. 46:15-5	Statutory form	County recording forms
Smoke/CO/extinguisher certificate	N.J.A.C. 5:70-2.3	Municipal inspection certificate	Schedule with local fire official
Lead paint (federal)	24 CFR 35	Federal form	EPA form

Attorney review clause (in Realtor deals) — practice-based rather than statutory.

Local / municipal overlays

Certificate of Continued Occupancy (CCO) in ~200+ NJ municipalities; each town's ordinance governs.
Additional local transfer taxes: Jersey City has considered local surcharges; verify per municipality.
Sewer connection certificates — some towns require verification of sewer/septic connection at transfer.
Chapter 7 assessment lookups in urban municipalities (Newark, JC) — outstanding water/sewer/tax obligations before deed transfer.
New York/New Jersey Port Authority disclosures — properties adjacent to certain PANYNJ facilities.

Post-closing obligations

Record deed + RTF-1 + GIT/REP form with county clerk/register.
RTF and mansion tax (if applicable) remitted at recording.
Nonresident estimated tax (GIT/REP-1) remitted at closing if applicable.
1099-S filed by closer/attorney.
Mortgage satisfaction recorded by lender within 30 days of payoff.
IRC § 121 federal capital-gains exclusion; NJ has its own state income tax and follows federal § 121 for state purposes (with own rules).
Homestead / senior / disabled property tax rebates — new owner applies as eligible.

Federal overlay cross-reference

See master methodology § 8.

Official links & primary citations

Statutes (New Jersey — official at njleg.state.nj.us)

N.J.S.A. 25:1-13 — Statute of frauds.
N.J.S.A. 46:3C-11 — Flood Risk Notification (P.L. 2023, c. 93).
N.J.S.A. 46:5-3 — Bargain-and-sale deed with covenants.
N.J.S.A. 46:15-5 et seq. — Realty Transfer Fee.
N.J.S.A. 46:15-7.2 — Mansion tax.
N.J.S.A. 46:26A-12 — Recording (race-notice).
N.J.S.A. 45:22A-21 et seq. — PREDFDA.
N.J.S.A. 58:12A-26 et seq. — Private Well Testing Act.
N.J.S.A. 54A:8-8 et seq. — GIT/REP forms.
N.J.S.A. 3B:28-2 — Abolition of dower/curtesy.
N.J.S.A. 2A:18-61.1 — Anti-Eviction Act.
N.J.S.A. 46:8-19 — Rent Security Deposit Act.
N.J.A.C. 5:70-2.3 — Smoke/CO/extinguisher certification.
N.J.S.A. 52:7-10.13 et seq. — RON (P.L. 2022, c. 76).

Cases

Weintraub v. Krobatsch, 64 N.J. 445 (1974)** — common-law disclosure duty for known material latent defects.
Strawn v. Canuso, 140 N.J. 43 (1995)** — off-site condition disclosure.
NJ State Bar Assn. v. NJ Assn. of Realtor Boards, 93 N.J. 470 (1983)** — 3-day attorney review rule consent judgment.

Official sources

New Jersey Real Estate Commission: nj.gov/dobi/division_rec/
New Jersey Legislature (statutes): njleg.state.nj.us
New Jersey Division of Taxation (GIT/REP): state.nj.us/treasury/taxation/
New Jersey Department of Environmental Protection (UST, Private Well Testing): nj.gov/dep/
New Jersey Department of Community Affairs (flood notification): nj.gov/dca/
New Jersey Realtors (forms, member-only): njrealtor.com
County Clerks locator: state.nj.us/state/archives/

LEGAL DISCLAIMER (bottom): This is a compilation, not legal advice. New Jersey law changes: the Flood Risk Notification Law (P.L. 2023, c. 93) took effect in 2024; RON became permanent in 2022; municipal CCO requirements vary and evolve locally; the RTF fee tiers adjust periodically. NJ's disclosure regime is common-law + judicial (Weintraub, Strawn) rather than statutory-form-based, so a Realtor SPCD is a practice tool, not a statutory shield. Verify the current statute, current form edition, and current municipal ordinances before relying on any item. Retain a licensed New Jersey real estate attorney — the 3-day attorney-review rule and NJ's litigious oil-tank / off-site-condition history make attorney involvement essentially mandatory in practice.

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