November 20, 2018
After you’ve closed and moved on to new adventures in your new home, the last thing you want is for your first piece of mail to be a letter from an attorney!
New Jersey real estate law demands that all those selling property are obligated to disclose any known material defects, especially those that are not easily observable.
Your local marketing specialist is your resource for both information and the proper forms you will need to provide in a sale.
To avoid possible disputes or even an accidental misunderstanding, here are several things you must make known up front to all potential buyers in addition the Federal Title X disclosures that deal with lead-based paint and hazards.
Any items a buyer may observe during a showing of the home that could be considered built-in or part of the home, such as light fixtures and window treatments, which you intend to keep. In fact, the best way to handle this is to be pro-active. If you will be removing that family heirloom chandelier, remove it before any showings so there will be no room for debate.
Kitchen appliances you plan to take with you, but won’t be replacing. You may be leaving the built-in microwave but taking the gourmet range. Clearly call out these items in all sales materials. It’s also not a bad idea to attach a 3x5 stating the item is not part of the sale conspicuously during showing times, too! If you will replace the appliance, do it before the house goes on the market if you can. Otherwise, make that known in the listing description and all sales materials.
Details of the property structure must be made available to a buyer that you are aware of. Some of these include age and condition of the roof, in particular if there are any known leaks. Electrical, plumbing and heating/cooling fixtures. If you can provide original manuals that can be helpful. Any foundation issues you know about must be disclosed.
A reputable and experienced northern New Jersey real estate agent will spell out in their marketing plan for your home sale what disclosures are required by law as well any additional voluntary disclosures you should make to protect yourself even after the sale has closed.