Sponsored by:
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires sellers of real property to disclose presence of dams.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning disclosure of dams on real property and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A seller of real property located in this State shall disclose, on the property condition disclosure statement, whether a dam is located within the boundaries of the property and any actual knowledge of the seller concerning the dam, as required pursuant to this section, to the purchaser before the purchaser becomes obligated under any contract for the purchase of the property.
b. The Division of Consumer Affairs, in consultation with the Department of Environmental Protection, Department of Community Affairs and New Jersey Real Estate Commission, in addition to any other question as the director deems necessary, shall add the following specific questions and information to the property condition disclosure statement concerning dams on a property being sold. The additions to the property condition disclosure statement shall contain the heading "Disclosure of Dam Ownership" and contain questions, and space for sellers to answer yes, no, or unknown. If a seller answers yes to any question, the disclosure statement shall require the seller to explain the answer. The disclosure statement shall contain the following questions:
(1) Is there a dam located wholly or partially on the property? If so, what is the hazard classification for the dam?
(2) If current law requires the inspection of the dam, what are the results of the most recent inspection?
(3) If there are any obligations associated with the dam under State law for which a purchaser would assume responsibility for, what are the obligations?
c. The Division of
Consumer Affairs, in consultation with the Department of Environmental
Protection, shall include in the disclosure requirements and form to be
distributed to purchasers of real property before the purchaser becomes
obligated under any contract for the purchase of the property, that the
purchaser may obtain information relating to the ownership responsibilities,
removal, and hazard classification of dams by contacting the Bureau of Dam
Safety in the Department of Environmental Protection or by going to the website
that the Department of Environmental Protection shall maintain and ensure is
managed with current and scientifically supported information, including any
information about dams in the State gathered through the property condition disclosure
statement, and linked to and published on the website of the Department of
Community Affairs. The Department of Environmental Protection's website shall,
at a minimum, include information that helps property owners provide the
disclosures enumerated in this statute.
2. The Department of Community Affairs, the Department of Environmental Protection, and the Division of Consumer Affairs may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement this act.
3. This act shall take effect immediately and shall apply to sales and exchanges of real property occurring on or after the 90th day next following the promulgation of regulations implementing the requirements of this act.
STATEMENT
This bill requires sellers of real property to disclose in writing any knowledge of the seller regarding a dam located on the property. The bill requires the Department of Community Affairs to add certain questions to the property condition disclosure statement to provide purchasers of property with information concerning dams on the property being sold.
The bill also requires the Department of Consumer Affairs, in consultation with the Department of Environmental Protection, to include notification in the disclosure requirements and form distributed to purchasers of real property that the purchaser may obtain information relating to the ownership responsibilities, removal, and hazard classification of dams on the website maintained by the Department of Environmental Protection and linked to on the website of the Department of Community Affairs.