By Slava Zborovsky · Updated
Yes. A New Jersey seller can agree to sell without making repairs, but as is does not end the seller's duties: the state's disclosure statement says the seller must disclose any known material defects, the 2023 flood law requires flood disclosures before the buyer is bound, and a smoke alarm, carbon monoxide alarm and fire extinguisher certificate is still required before the sale.
What does selling a house as is mean in New Jersey?
As is is a price and repair agreement: the buyer takes the house in its current condition and the seller will not fix what an inspection finds. It does not stop the buyer from inspecting, and it does not change what the law requires the seller to say.
Do you still have to disclose defects if you sell as is?
Yes, the ones you know about. New Jersey's Seller's Property Condition Disclosure Statement is a regulation, and the seller's own statement on it reads: "The Seller is aware that he or she is under an obligation to disclose any known material defects." The same form says it "is not a warranty as to the condition of the Property": you disclose what you know, you do not guarantee what you do not.
What flood disclosures are required when selling a house in NJ?
Under P.L.2023, c.93, signed July 3, 2023, a seller of New Jersey real property must disclose, before the buyer becomes obligated under the contract, whether the property is in a FEMA flood hazard area, whether the seller has filed a flood insurance claim and received money for it, and whether the property has had flood damage, water seepage or pooled water from a flood event. A yes to any question needs an explanation.
- Flood zone: special or moderate risk flood hazard area.
- Flood insurance: required, held, and any claims filed and paid.
- History: flood damage, seepage or pooled water, and how many times.
What certificates do you need to sell a house in NJ?
Before a one or two family home is sold, the owner must obtain a certificate of smoke alarm, carbon monoxide alarm and portable fire extinguisher compliance (N.J.A.C. 5:70-2.3). As is does not change this. Ask your town's construction or fire office for its inspection schedule early, and whether the town has its own resale inspection.
What does a seller still pay on an as-is sale?
The same transfer charges as any sale. At the Westwood median of $711K, the Realty Transfer Fee comes to about $6,362, paid by the seller at closing, before commission and attorney fees. Price yours on the closing-cost calculator.
Should you sell as is or fix the house first?
That is a pricing question, and it is answered with your street's recorded sales, not a rule of thumb. Slava's process with an as-is seller: walk the house, price it two ways (as it stands, and after the few repairs buyers will price in), and show the recorded sales behind each number so you can choose. Some sellers order their own inspection first, so the disclosure is complete and there are no surprises in the buyer's.
Start with the home value check, or see the things that lower a home's value buyers notice first.
Selling soon? Get a written valuation or use the NJ closing-cost calculator.
- Can you sell a house as is in New Jersey?
- Yes, a seller can agree to sell without making repairs. The seller must still disclose known material defects, make the flood disclosures required by P.L.2023, c.93 before the buyer is bound, and obtain the smoke alarm, carbon monoxide alarm and fire extinguisher certificate.
- Does as is mean no inspection?
- No. As is means the seller will not make repairs; the buyer can still inspect, and the contract's terms decide what happens if the inspection finds something.
- Is the seller's disclosure statement a warranty in NJ?
- No. The form itself says it is not a warranty as to the condition of the property. It records what the seller knows.
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Written by Slava Zborovsky, Broker Associate with The Agency One Rock and a licensed New Jersey broker since 2007. About Slava · LinkedIn
