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Know Your Rights

Being aware of the safeguards New Jersey provides to homebuyers ensures you’re prepared for every stage of your purchase.

When purchasing a home in New Jersey, buyers are entitled to several key rights and protections throughout the process.

Attorney Review Period

New Jersey’s standard real estate contract includes a 3-day Attorney Review A period, often a few days, for both parties in a real estate contract to have their attorneys examine, negotiate, and potentially modify the contract before it is legally binding. attorney review period . During this time, your attorney can review and negotiate the terms of the contract or cancel the contract without penalty if serious problems arise.

Inspection Contingency

This allows you to have a licensed inspector evaluate the property. If the Contingencies Conditions that must be met for a sale to proceed. contingency is not waived, you can negotiate repairs, request a price change, or back out of the contract if defects are found. Sellers must always honestly disclose known defects.

Mandatory Property Condition Disclosure Statement

Sellers are required to provide a standardized disclosure statement covering structural issues, pests, environmental hazards, zoning/easement concerns, and more.

Lead Paint Disclosure and Certification

For homes built before 1978, sellers must provide lead paint disclosures and safety inspection or certification prior to closing.

Appraisal and Inspection Rights

The Real Estate Consumer Protection Enhancement Act gives buyers sufficient time to conduct inspections and Appraisal An estimate or judgment of the value of a property and its permanent structures. appraisals without risking their deposit. Sellers must grant reasonable access to the property for these purposes.

Buyer’s Representation Agreement

If working with a Real Estate Agent A licensed professional qualified to help clients buy and sell property. real estate agent , buyers must sign a formal exclusive buyer representation agreement which gives protections to buyers that have been long afforded to sellers. You also may be expected to agree to a commission arrangement with your real estate agent.

Agency Disclosure Requirement

Real Estate Agent A licensed professional qualified to help clients buy and sell property. Real estate agents must clearly disclose whether they represent the buyer, seller, or both.

Title Search & Title Insurance

You have the right to a thorough title search of the property to identify liens, encumbrances, or ownership disputes. Title Insurance A one-time payment policy that protects agains past title problems, such as liens, fraud, or errors in public records, that could cause a financial loss. Title insurance is strongly recommended to protect against future claims.

Mortgage & Financing Contingencies

Contracts typically include Contingencies Conditions that must be met for a sale to proceed. contingencies protecting your deposit if financing falls through. These often include Appraisal An estimate or judgment of the value of a property and its permanent structures. appraisal , loan approval, and clear title clauses. Make sure you understand any deadlines and waiver options.

Survey & Zoning Review

You have the right to review zoning rules and survey the property to identify boundary disputes, easements, or zoning restrictions before closing.

Discriminatory Practices

When purchasing property in New Jersey, you are protected by state and federal laws that prohibit discrimination in housing based on a variety of protected characteristics (race, color, national origin, marital status, sex, gender, disability, etc.).

Steering
  • A real estate agent might attempt to influence your choice of neighborhood based on your race, color, national origin, or other Protected Characteristics Personal attributes that are legally safeguarded against discrimination, ensuring equal treatment in areas like employment and education. Examples of protected characteristics include age, disability, race, religion, sex, sexual orientation, and national origin. protected characteristics .
  • This is illegal even if the agent claims it’s because “the schools are better” in one neighborhood or because they believe you’d be “more comfortable” there.
Refusal to Sell or Show Property
  • A seller or real estate agent cannot refuse to sell, lease, or rent housing to a person based on a Protected Characteristics Personal attributes that are legally safeguarded against discrimination, ensuring equal treatment in areas like employment and education. Examples of protected characteristics include age, disability, race, religion, sex, sexual orientation, and national origin. protected characteristic .
  • Denying that housing is available for inspection or sale when it is available is also discriminatory.
Unequal Treatment in Terms and Conditions
  • Imposing different terms, conditions, or privileges related to the sale or rental of housing based on a Protected Characteristics Personal attributes that are legally safeguarded against discrimination, ensuring equal treatment in areas like employment and education. Examples of protected characteristics include age, disability, race, religion, sex, sexual orientation, and national origin. protected characteristic is illegal.
  • This includes charging different sales prices or rental charges, using different qualification criteria and/or application procedures, or varying income standards based on race, gender, or other protected class.
Lending Discrimination (Redlining)
  • Refusing to make a mortgage loan or provide other financial assistance based on a Protected Characteristics Personal attributes that are legally safeguarded against discrimination, ensuring equal treatment in areas like employment and education. Examples of protected characteristics include age, disability, race, religion, sex, sexual orientation, and national origin. protected characteristic is considered discriminatory.
  • Imposing different terms or conditions on a loan, such as different interest rates, points, or fees, based on a Protected Characteristics Personal attributes that are legally safeguarded against discrimination, ensuring equal treatment in areas like employment and education. Examples of protected characteristics include age, disability, race, religion, sex, sexual orientation, and national origin. protected characteristic is illegal.
  • Discrimination in appraising a dwelling based on characteristics of the current or future owners or occupants, or those of nearby property owners is illegal.
Discriminatory Advertising

Placing any advertisement, or making any statements, that express or imply limitations based on Protected Characteristics Personal attributes that are legally safeguarded against discrimination, ensuring equal treatment in areas like employment and education. Examples of protected characteristics include age, disability, race, religion, sex, sexual orientation, and national origin. protected characteristics is prohibited.

Harassment and Retaliation
  • Harassment, including sexual harassment, based on any Protected Characteristics Personal attributes that are legally safeguarded against discrimination, ensuring equal treatment in areas like employment and education. Examples of protected characteristics include age, disability, race, religion, sex, sexual orientation, and national origin. protected characteristic , is against the law.
  • Threatening, coercing, intimidating, or interfering with anyone exercising their fair housing rights or assisting others in exercising those rights is also prohibited.
  • Retaliating against a person who has filed a housing discrimination complaint or participated in an investigation is illegal.
According to legal standards, what are protected classes and/or characteristics based on?
  • Race, creed, color, national origin, ancestry, nationality
  • Marital status, domestic partnership or civil union status
  • Sex, gender identity or expression
  • Disability (mental or physical)
  • Affectional or sexual orientation
  • Familial status (presence of children under 18)
  • Source of lawful income or rent payment (including rental assistance programs)
  • Pregnancy or breastfeeding
  • Liability for service in the Armed Forces of the United States
What can I do if I experience discrimination?
  • File a complaint with The US Department of Housing and Urban Development (HUD) at https://www.hud.gov/fairhousing/fileacomplaint. Or call them at 1-800-669-9777.
  • File a complaint with The New Jersey Division on Civil Rights by calling their toll-free hotline at 1-866-405-3050.
  • You may also seek assistance from the Central Jersey Housing Resource Center, the New Jersey Tenants Organization, or Legal Services of New Jersey.