Title 46, Title 46: PROPERTY

46:3B-7.2. "New Home Warranty Security Fund Board of Trustees" 2. a. There is hereby established in, but not of, the Department of Community Affairs the "New Home Warranty Security Fund Board of Trustees." The duties of the board shall include, but shall not be limited to, monito…

46:3B-7.3. Functions, duties of board 3. a. The Board of Trustees shall monitor and annually report to the Legislature on the financial performance of the new home warranty security fund, with particular attention to whether the fund's income from fees, premiums, interest and oth…

46:3B-8. Review and approval of alternate new home warranty security programs; fees; hearings; revocation of approval The commissioner is authorized and directed to review and approve alternate new home warranty security programs which provide for payment of claims against builde…

46:3B-8.1. Filing of statement by warranty guarantor 1. Whenever a builder participating in an alternative new home warranty program approved by the commissioner pursuant to section 8 of P.L.1977, c.467 (C.46:3B-8) issues a warranty guaranteed by that plan, the warranty guarantor…

46:3B-8.2. Filing, indexing of information 2. The commissioner shall cause the information reported to him pursuant to section 1 of this act to be filed and indexed, in coordination with data on file with the department relating to alternate programs approved by the commissioner,…

46:3B-8.3. Files open to public inspection 3. The files maintained pursuant to section 2 of this act shall be open to inspection by the public at any time during regular business hours at the department's main office and at any other location at which the commissioner may direct …

46:3B-9. Availability of any legal remedy to owner; election of remedy Nothing contained herein shall affect other rights and remedies available to the owner. The owner shall have the opportunity to pursue any remedy legally available to the owner. However, initiation of procedur…

46:3C-1. Short title 1. This act shall be known, and may be cited, as the "New Residential Construction Off-Site Conditions Disclosure Act." L.1995,c.253,s.1.

46:3C-10. Seller's disclosure duties 10. a. By providing the purchaser with the notice of the availability of the lists, as required by section 8 of P.L.1995, c.253 (C.46:3C-8), the seller shall be deemed to have disclosed fully the off-site conditions relating to the residential…

46:3C-11. Seller not required to contribute to list 11. No seller, unless otherwise required by section 5, as a condition of completeness or approval pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), or any other law, rule or regulation adopted pursu…

46:3C-12. Nonliability for civil damages 12. The Department of Environmental Protection or a municipality making available to purchasers lists which disclose the existence and location of off-site conditions pursuant to this act shall not be liable for civil damages for withholdi…

46:3C-13 Single-family home with solar panels, seller's property condition disclosure statement, rider, addendum, information on installation, disclosure. 1. a. A seller's property condition disclosure statement or contract, or a rider or addendum to a contract, for the sale of a…

46:3C-14 Liability, penalties, misrepresenting, false claims regarding solar panel installation. 2. Any owner of a single-family home who is a party to a contract for the sale of the home pursuant to section 1 of P.L.2023, c.312 (C.46:3C-13) who misrepresents or makes false claim…

46:3C-15 Online publication of information, New Jersey Real Estate Commission, Clean Energy Program. 3. The New Jersey Real Estate Commission in the New Jersey Department of Banking and Insurance shall, in conjunction with the Clean Energy Program in the New Jersey Board of Publi…

46:3C-2. Findings, declarations relative to purchase of residential real estate 2. The Legislature finds and declares that the purchase of a residence involves a substantial portion of the average household's net worth, and the decision to purchase a particular residence requires…

46:3C-3. Definitions 3. As used in this act: "Newly constructed" means any dwelling unit not previously occupied, excluding dwelling units constructed solely for lease and units governed by the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.…

46:3C-4. Off-site conditions, municipal lists 4. The municipal clerk of each municipality shall receive and make available, in the form and manner specified by the Commissioner of Community Affairs after consultation with the Department of Environmental Protection, lists identify…

46:3C-5. Providing municipal clerk with lists of off-site conditions 5. a. Every person who owns, leases, or maintains any off-site condition, as defined in paragraph (3), (4), (5), (6), or (8) of section 3 of P.L.1995, c.253 (C.46:3C-3), located in this State, shall provide the …

46:3C-6. Lists from the Commissioner of Environmental Protection 6. a. The Commissioner of Environmental Protection shall provide the municipal clerk of each municipality with lists, in the form and manner specified by the Commissioner of Community Affairs, after consultation wit…

46:3C-7 Fees for copies of lists. 7. A municipality that receives and makes available the lists required under P.L.1995, c.253 (C.46:3C-1 et seq.) may charge purchasers in accordance with the provisions of section 2 of P.L.1963, c.73 (C.47:1A-2). L.1995,c.253,s.7; amended 2000, c…

46:3C-8. Seller's notice regarding off-site conditions 8. At the time of entering into a contract for the sale of newly constructed residential real estate, the seller shall provide the purchaser with a notice of the availability of the lists of the off-site conditions that exist…

46:3C-9. Cancellation of contract 9. The purchaser may cancel the contract by sending a written notice of cancellation to the seller within five business days from the date the contract is executed by the purchaser and the seller, informing the seller that the purchaser is cancel…

46:4-1. Short form deed A deed may be made in the following form or to the same effect: "This deed made the day of , in the year , between (here insert names and residences of parties); Witnesseth: That in consideration of (here state the consideration), the said doth (or do) gra…

46:4-10. Covenant as to further assurances A covenant by the grantor in a deed "that he will execute such further assurances of the said lands as may be requisite" , shall have the same effect as if he had covenanted that he, his heirs or personal representatives, will, at any ti…

46:4-11. Deeds or covenants not conforming to statutory short forms Any deed or part of a deed which shall fail to take effect by virtue of sections 46:4-1 to 46:4-10 of this title, shall, nevertheless, be as valid and effectual and shall bind the parties thereto, so far as the r…

46:4-2. "The said covenants" construed When a deed uses the words "the said covenants" , such covenant shall have the same effect as if it was expressed to be by the covenantor, for himself, his heirs, personal representatives and assigns, and shall be deemed to be with the coven…

46:4-3. Covenant of seizin A covenant by the grantor in a deed "that he is lawfully seized of the said land" , shall have the same effect as if he had covenanted, promised and granted to and with the grantee, his heirs and assigns, that at the time of the sealing and delivery of …

46:4-4. Covenant as to right to convey A covenant by the grantor in a deed "that he has the right to convey the said land to the grantee" , shall have the same effect as if the grantor had covenanted that he has good right, full power and absolute authority to grant, bargain, sel…

46:4-5. Covenants as to quiet possession and freedom from encumbrances A covenant by the grantor in a deed "that the grantee shall have quiet possession of the said land" , shall have as much effect as if he had covenanted that the grantee, his heirs and assigns, might, at any an…

46:4-6. Covenant as to grantor's acts A covenant by the grantor in a deed "that he has done no act to encumber the said lands" , shall have the same effect as if he covenanted that he had not done or executed, or knowingly suffered to be done or executed, any act, deed or thing w…

46:4-7. Covenant of general warranty A covenant by the grantor in a deed "that he will warrant generally the property hereby conveyed" , shall have the same effect as if the grantor covenanted that he, his heirs and personal representatives, will forever warrant and defend the sa…

46:4-8. Covenant of special warranty A covenant by the grantor in a deed "that he will warrant specially the property hereby conveyed" , shall have the same effect as if the grantor had covenanted that he, his heirs and personal representatives, will forever warrant and defend th…

46:4-9. "With general warranty" , "with special warranty" construed The words "with general warranty" in the granting part of any deed shall be deemed to be a covenant by the grantor "that he will warrant generally the property hereby conveyed" . The words "with special warranty"…

46:5-1. Certain words in quitclaim deeds construed Whenever, in any deed heretofore or hereafter executed and recorded, there shall have been or may be used the words "the grantor releases to the said grantee" , or the words "the grantor does remise, release and forever quitclaim…

46:5-2. "Grantor" , "grantee" , "release" construed Whenever in any deed there shall be used the words "the grantor (or the said ) releases to the said grantee (or the said ) all his claims upon the said lands" , such deed shall be construed as if it set forth that "the grantor (…

46:5-3. Conveyance by quitclaim without reservation in favor of grantor; effect as conveyance by deed of bargain and sale; grantee bona fide purchaser Any conveyance or instrument executed and delivered after July fourth, one thousand nine hundred and thirty-one, which shall purp…

46:5-4. Conveyance by quitclaim with reservation in favor of grantor; effect as conveyance by deed of bargain and sale; grantee bona fide purchaser Whenever any conveyance or instrument executed and delivered after July fourth, one thousand nine hundred and thirty-one, shall purp…

46:5-5. Conveyance by quitclaim prior to July 4, 1931; effect after record as conveyance by deed of bargain and sale; exceptions Whenever any conveyance or instrument executed and delivered prior to July fourth, one thousand nine hundred and thirty-one, shall have purported to re…

46:5-6. Conveyance by quitclaim and record thereof as evidence; validity as to subsequent judgment creditors, purchasers and mortgagees Every conveyance or instrument which shall purport to remise, release or quitclaim to the grantee therein any claim to or estate or interest in …

46:5-7. Liberal construction as to grantee and strict construction against grantor Sections 46:5-3 to 46:5-6 of this title shall be construed as remedial, and shall be construed liberally in favor of the grantee and strictly against the grantor in any deed or instrument mentioned…

46:5-8. Intention in enactment of sections 46:5-3 to 46:5-6 Nothing in sections 46:5-3 to 46:5-6 of this title contained shall be deemed to show an intent on the part of the legislature to determine that it was not, prior to July fourth, one thousand nine hundred and thirty-one, …

46:5-9. Registered mortgages not affected Nothing in sections 46:5-3 to 46:5-6 of this title contained shall be construed to affect or impair the effect of any mortgage registered as provided by chapter 17 of this title (s. 46:17-1 et seq.).

46:6-1. Transfers, leases, assurances and conveyances pursuant to letters of agency, powers of attorney or other powers or authorities All deeds, grants, sales, leases, assurances, or other conveyances whatsoever, heretofore made by virtue of letters of agency, powers of attorney…

46:6-2. Informalities or irregularities in conveyances executed by agent under power Whenever an attorney, authorized to execute and deliver conveyances of real estate has failed, prior to March twenty-third, one thousand eight hundred and eighty-three, to convey the title of his…

46:6-3. Conveyances under powers of attorney not recorded Whenever any deed to or conveyance of real estate in this state shall purport to have been executed by virtue of any letter of attorney, and such deed or conveyance shall have been properly acknowledged and recorded, the r…

46:6-6. Letters of attorney considered unrevoked until revoked by recorded instrument or death of principal All letters of attorney for any sale, conveyance, assurance, lease, acquittance or release hereafter duly executed and recorded in accordance with the provisions of section…