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 real estate and shall be deemed to have satisfied fully the seller’s disclosure duties pursuant to New Jersey law notwithstanding that (1) the lists required to be submitted to the municipal clerk of each municipality pursuant to sections 5 and 6 of P.L.1995, c.253 (C. 46:3C-5 and C. 46:3C-6) have not been, or are not yet required to be submitted or (2) a municipal clerk has not received or made available the lists as required pursuant to section 4 of P.L.1995, c.253 (C. 46:3C-4) or (3) there is any error, omission or inaccuracy in the lists as made available by the municipality.  This furnishing of the notice shall be available to the seller as a defense to any claim that the seller failed to disclose any off-site conditions.

   b.    A seller’s responsibility to disclose those conditions that may materially affect the value of the residential real estate, but which are not part of the project, shall be fully met when notice is provided in accordance with the provisions of P.L.1995, c.253 (C. 46:3C-1 et seq.).  The furnishing of the notice shall be available to the seller as a defense to any claim that the seller failed to disclose any conditions which are not part of the project.

Terms Used In New Jersey Statutes 46:3C-10

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2

   c.    With respect to any residential real estate contracts entered into and fully executed prior to the effective date of this act, no seller shall be deemed to have breached any duty to disclose, nor shall any seller be liable to any person for any loss, damage, or any other injury for failure to have disclosed the existence of any off-site condition or any other condition which is not part of the residential real estate, except in any specific cases in which there has been an action filed in the Superior Court prior to April 25, 1995, or in which the Appellate Division of the Superior Court or the Supreme Court has issued a decision prior to the effective date of this act.

   d.    The provisions of P.L.1995, c.253 (C. 46:3C-1 et seq.) shall not be interpreted to affect the disclosure requirements for conditions off-site contained in “The Planned Real Estate Development Full Disclosure Act,” P.L.1977, c.419 (C. 45:22A-21 et seq.), the “Air Safety and Zoning Act of 1983,” P.L.1983, c.260 (C. 6:1-80 et seq.) or in any other statutory provision.

   L.1995,c.253,s.10.