New Jersey Residential Purchase and Sale Agreement

New Jersey Residential Purchase and Sale Agreement

Last updated January 23rd, 2023

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The New Jersey residential purchase and sale agreement is used when a buyer wishes to enter into a legally binding agreement with a seller to purchase a seller’s residential property. The buyer uses this document to make an offer, and the seller has the right to review and request as many changes as they require before signing it, or they may refuse the offer outright.

Once both parties are satisfied with the details of the agreement, it may be signed and made legally binding. New Jersey law allows for a three (3) day review period where both parties may have the document looked over by an attorney. If either party changes their mind within that three (3) day period, they may choose to withdraw from the agreement legally.


Realtor Version

New Jersey Contract of Sale – This form was created by the New Jersey Association of Realtors and may be used by New Jersey real estate brokers to complete real estate transactions for one (1) to four (4) family residential properties as well as vacant one (1) family lots.

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Required Disclosures (3)

1) Lead-Based Paint

The seller of any home that was constructed prior to 1978 must provide to prospective buyers a disclosure indicating the presence or lack thereof of toxic paint on the premises.

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2) Off-Site Conditions

The seller of a newly constructed property must notify potential buyers of the availability of lists detailing any off-site conditions that may affect the value of the property.

3) Property Disclosure Statement

This optional document may be used to inform potential buyers of any known material defects or issues with the property they intend to purchase.

Buyer Beware

Statutes: § 46:3C-10(c)

The state of New Jersey is considered a “Buyer Beware” state, which means neither the seller nor their agent is legally required to disclose any defects on the property and that the buyer alone is responsible for discovering any defects or issues with the property.