New Jersey Senate Bill S384

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Requires property condition disclosure statement to include questions concerning lead plumbing and lead service lines; requires lead service lines to be replaced upon sale of residential property.

Impact

The implementation of S384 is expected to enhance public health and safety by ensuring that prospective buyers are made aware of any risks associated with lead service lines. By mandating property owners to disclose this crucial information, the bill aims to prevent future health issues linked to lead exposure. Additionally, this legislation may prompt property owners to undertake necessary improvements to their plumbing systems, fostering a safer living environment for families in New Jersey.

Summary

Bill S384 requires that property condition disclosure statements include specific inquiries regarding the presence of lead plumbing and lead service lines in residential properties. The legislation mandates that if a property is found to have a lead service line, the sale of the property cannot proceed unless both the buyer and seller certify in writing that the lead service line will be replaced. This new requirement aims to elevate awareness about lead contamination and its potential health hazards associated with residential water systems.

Contention

While there is broad support for the objectives of the bill concerning public health, some real estate professionals may raise concerns regarding the financial implications of the required certifications and potential liability associated with lead disclosures. Opponents might argue that enforcing these additional requirements can complicate the sales process and impose financial burdens on sellers, especially in areas where lead plumbing is prevalent. The bill also includes provisions about the liability of real estate brokers in cases where inaccurate information is communicated, which could potentially lead to pushback from industry stakeholders.