New Jersey Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for New Jersey transactions, plus a plain-English summary of what New Jersey law expects in a residential purchase contract. Free PDF, no signup required.
New Jersey Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What New Jersey Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for New Jersey residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Attorney Review Clause (broker-prepared contracts) Verbatim language required
N.J. State Bar Ass'n v. N.J. Ass'n of Realtor Boards, 93 N.J. 470 (1983) (consent judgment), implemented at N.J.A.C. 11:5-6.2(g); delivery methods modernized by Conley v. Guerrero, 228 N.J. 339 (2017)
Every contract for sale of residential property of 1-4 dwelling units (or vacant 1-family lots) prepared by a real estate licensee must contain, verbatim, a prominent first-page notice and the full ATTORNEY REVIEW clause giving each party a 3-business-day attorney review/cancellation period; the contract is not final until the period lapses.
Applies to: residential 1-4 dwelling units and vacant one-family lots when the contract is prepared by a licensee (broker); not required in wholly attorney-drafted or true FSBO contracts
Flood Risk Disclosure (seller property condition disclosure statement) Verbatim language required
P.L. 2023, c. 93, codified for sellers at N.J.S.A. 56:8-19.2 (Consumer Fraud Act), eff. March 20, 2024
EVERY seller of real property (residential AND commercial) must disclose, on a property condition disclosure statement delivered before the buyer becomes obligated under the contract, whether the property is in a FEMA Special Flood Hazard Area (100-yr) or Moderate Risk Flood Hazard Area (500-yr) and the seller's actual knowledge of flood risks; the DCA/Division of Consumer Affairs Seller's Property Condition Disclosure Statement flood questions (Nos. 109-117: flood zone status, federal flood insurance requirement, prior FEMA/SBA/federal flood assistance, current flood insurance, elevation certificate, past flood claims, past flood damage or water seepage) are mandatory. Zone questions must be verified via the state tool at flooddisclosure.nj.gov. Violation is an unlawful practice under the Consumer Fraud Act (treble damages exposure).
Applies to: all real property sales (residential and non-residential), all sellers including FSBO
Private Well Testing Act contract provision
N.J.S.A. 58:12A-26 to -37, esp. 58:12A-27 (P.L. 2001, c. 40)
Every contract of sale for property served by a private well (or a well with <15 service connections / not serving 25+ people 60+ days/yr) MUST include a provision requiring, as a condition of sale, testing of the water supply for the statutory parameters; closing cannot occur until buyer and seller have received and reviewed the results and BOTH certify in writing at closing that they have received and reviewed them.
Applies to: any property (residential or otherwise) served by a private well as defined
Radon test result disclosure
N.J.S.A. 26:2D-73
If the building has been tested for radon, the seller must provide the buyer, at the time the contract of sale is entered into, a copy of the test results and evidence of any subsequent mitigation or treatment; radon records are otherwise confidential.
Applies to: any building previously tested for radon
New Residential Construction Off-Site Conditions Disclosure (new construction only) Verbatim language required
N.J.S.A. 46:3C-1 to -12 (New Residential Construction Off-Site Conditions Disclosure Act, P.L. 1995, c. 253), notice text at 46:3C-8
Sellers of NEWLY constructed residential real estate must include in the contract a statutorily prescribed 'NOTIFICATION REGARDING OFF-SITE CONDITIONS' telling the purchaser that lists of off-site conditions (per 46:3C-6) are available from the municipal clerk of the subject municipality and municipalities within 1/2 mile, and that the purchaser has five business days from contract execution to cancel; compliance discharges the seller's duty as to listed off-site conditions.
Applies to: new residential construction only
General property condition disclosure (no statute)
Common law: Weintraub v. Krobatsch, 64 N.J. 494 (1974); Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.
NJ has NO general seller disclosure statute for resales; sellers have a common-law duty to disclose known latent material defects, reinforced by the Consumer Fraud Act (especially against builders/professional sellers). The NJ REALTORS Seller's Property Condition Disclosure Statement is customary but voluntary except for the mandatory flood questions (56:8-19.2).
Applies to: all residential resales
Federal Lead-Based Paint Disclosure (note only) Verbatim language required
42 U.S.C. ยง 4852d; 40 C.F.R. Part 745 (federal)
Pre-1978 housing: federal Lead Warning Statement and disclosures required in/with the contract.
Applies to: pre-1978 residential housing
New Jersey Closing Practice at a Glance
| Deed convention | Bargain and Sale Deed with Covenants Against Grantor's Acts is the standard deed for arm's-length residential sales in NJ |
| Transfer tax | Realty Transfer Fee (N.J.S.A. 46:15-7 et seq.), graduated to roughly 1%+ at higher prices; plus the 'mansion tax'/supplemental fee (N.J.S.A. 46:15-7.2) on residential-class property over $1M - restructured by P.L. 2025 (S4666/A5804, signed June 30, 2025, eff. July 10, 2025): 1% for $1M-$2M, then tiered 2% ($2M-$2.5M), 2.5% ($2.5M-$3M), 3% ($3M-$3.5M), 3.5% (over $3.5M) |
| Customary payer | seller pays the Realty Transfer Fee; the mansion tax was BUYER-paid until July 10, 2025 - now SELLER-paid under the 2025 amendments (transition rule: contracts fully executed before 7/10/2025 with deeds recorded by 11/15/2025 stay under old buyer-pays-1% regime, seller refundable for excess) |
| Attorney closing | Attorney required or customary. Attorneys not legally required, but the 3-business-day attorney review regime makes attorney involvement standard, especially in North/Central NJ where attorneys negotiate post-review changes and handle closings; South NJ closings are more often title-company run. Brokers may prepare contracts only on forms containing the mandated attorney review clause. |
| Witness and notary | Notary/acknowledgment only - deeds must be acknowledged or proved (N.J.S.A. 46:14-2.1) for recording; no separate witness requirement. Seller's residency certification (GIT/REP forms, 'exit tax' withholding for nonresidents) and Affidavit of Consideration accompany the deed at recording. |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed New Jersey attorney before use. Read the full disclaimer.
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