How to Fill Out NJ Realtors Form 140: Seller’s Disclosure Statement

To fill out NJ REALTORS® Form 140, work through each section and answer every question Yes, No, or Unknown based only on what you personally know about the property, write a specific explanation for every Yes answer in the space provided, and disclose any material defect you know about even if no printed question addresses it.¹ The current edition is dated 05/2025.2, and licensed agents pull it from the NJ REALTORS® zipForm portal.²

What the Form Is Asking You to Do

Form 140 is the Seller’s Property Condition Disclosure Statement. It asks the seller to report known conditions across dozens of categories: roof, basement, plumbing, electrical, structural components, environmental hazards, and more. You are the sole source of the information. You are not expected to hire an inspector or run tests before completing it. You are disclosing what you already know from living in and owning the property.¹

There is one catch that matters more than any single question: you must disclose any known material defect even if no specific question on the form addresses it.¹ Reading through the printed questions and stopping there is not enough. If you know about a problem, it belongs on the form somewhere.

How to Answer Each Question

Most questions offer three choices: Yes, No, or Unknown. Pick the one that reflects what you actually know.

Unknown is a legitimate answer when you truly do not know. If you have never had the property tested for radon, Unknown is the honest response. But using Unknown as a blanket dodge for things you clearly should know after years in the home undermines your credibility and can be used against you later. If you have lived with a slow basement seep every spring, No is a lie and Unknown is nearly as bad. Yes, with an explanation, is the answer.

Every Yes needs a written explanation. Each section of the form provides space for that. Use it, and be specific. A vague acknowledgment invites suspicion. Something like “Basement flooded during Hurricane Ida in 2021; French drain installed by XYZ Waterproofing in 2022” tells a buyer exactly what happened and what you did about it, and it is far more protective than a one-word admission.

If you are relying on what someone else told you about a condition, such as a contractor who said a foundation crack was cosmetic, the form asks you to name that person and describe what they told you.¹ Do that. It shifts the reliance onto the record.

Section-by-Section Walkthrough

Form 140 moves through the property in a logical order. Expect questions in these categories:¹

Occupancy: the age of the house, how long you have owned it, and whether you currently live there.
Roof: roof age, whether it has been replaced or repaired during your ownership, and any known leaks.
Attic, basements, and crawl spaces: sump pump operation, water leakage or dampness, mold, foundation cracks or bulges, and attic access.
Termites and pests: known infestations, damage from wood-destroying insects, repairs performed, and whether the property is under a pest control contract.
Structural items: wall or floor movement, fire or flood damage, driveway and walkway problems, and sinkholes.
Plumbing, water, and sewage: water source, sewage system type, well or septic condition, and known plumbing issues, including a lead plumbing question.
Electrical and heating/cooling: type and age of HVAC systems, electrical panel condition, and known issues.

Each section ends with a space for explanations. Do not let a Yes sit there alone.

Environmental and Special Sections That Need Extra Care

A few areas of the form carry consequences beyond the standard property-condition questions, so slow down when you reach them.

Radon

If you have had the property tested for radon, you will need to share the results. New Jersey law gives you some control over timing: under N.J.S.A. 26:2D-73, radon testing and treatment information can remain confidential until the buyer enters into a contract of sale, at which point you must provide copies of test results and evidence of any mitigation. You can also waive that confidentiality in writing at any time.¹

Flood Risk

The flood risk section on page 8 was added to comply with recent legislation.² Two points matter when you fill it out. If the property sits in a FEMA special flood hazard area and has a mortgage from a federally regulated lender, flood insurance is required and that requirement transfers to future owners. If the property previously received federal disaster assistance, every subsequent owner must maintain flood insurance or lose eligibility for future federal aid. And if you have an elevation certificate, meaning a FEMA form completed by a licensed surveyor showing the property’s flood risk, you must share it with the buyer.¹

Solar Panels

The 2025 revision added solar questions at line 653 and in a dedicated Section C, asking whether the property is serviced by a solar panel system and whether the system is subject to energy certificates.² Answer based on how the system is held. Panels may be owned outright, leased, or financed through a power purchase agreement, and each arrangement affects what transfers to the buyer. Have your paperwork in front of you when you fill in this section.

Lead Plumbing and Mold

A lead plumbing question appears on page 7, and question 126 is an updated mold disclosure that includes clarification of buyers’ rights.² Read the mold question carefully; the language has changed from earlier versions.

If You Never Lived in the Property

Executors, administrators, and trustees selling a property they never personally occupied use a specific section of the form. You sign a statement confirming that you never occupied the property and lack the personal knowledge to complete the full disclosure.¹ You should still disclose anything you do know, but you will not be held to the same standard as an owner-occupant.

Multi-Unit and Multi-System Properties

When a question is phrased in the singular but the property has more than one of the item, give a complete answer for each one. A duplex with two furnaces and two water heaters means disclosing the condition of each separately.¹

When to Complete and Deliver the Form

The buyer must acknowledge receipt of the completed disclosure statement before signing a contract of sale, and the form has a signature line where the buyer confirms that.¹ In practice the listing agent hands it to buyers or their agents with the listing package or during the offer stage.

Complete the form early. Filling it out under time pressure after an offer is on the table is how omissions happen. A disclosure written thoughtfully before showings even start is much harder to attack later as incomplete or evasive.

What Happens if You Omit or Lie

Hiding a known problem, or marking Unknown for something you clearly know about, can expose you to claims after closing. A buyer who discovers undisclosed water damage, a failing septic system, or a known pest infestation has grounds to pursue the seller for repair costs and related damages.

The regulation that governs the form, N.J.A.C. 13:45A-29.1, gives real estate agents a shield: an agent who passes along false seller-provided information is not liable if the agent did not know it was false and made a reasonable effort to check.³ That protection does not extend to you. If you knew and did not tell, the liability is yours alone.

Off-Site Conditions Are a Separate Duty

Form 140 covers the property itself. Off-site conditions, meaning things near but not on the property such as landfills or industrial facilities, are a separate disclosure obligation. Under N.J.S.A. 46:3C-10, you satisfy that duty by giving the buyer notice that municipal lists of off-site conditions are available, and once you have provided that notice you have a defense against claims about off-site problems even if the lists are incomplete.⁴ Do not try to force off-site items into Form 140; they belong to a different notice, usually delivered with the purchase contract.

Check the Version Before You Sign

The May 2025 edition of Form 140 added the instruction sheet, formatting updates, the solar questions, the flood risk section, the lead plumbing question, and the revised mold question.² If you started your listing on an older version, ask your agent whether to redo the disclosure on the current template. Buyers and their attorneys are aware of the newer categories, and an outdated form can look like an attempt to sidestep them.

1
NJ Division of Consumer Affairs. Seller’s Property Condition Disclosure Statement
2
NJ REALTORS®. Online Forms
3
Legal Information Institute. New Jersey Code 13:45A-29.1 – Property Condition Disclosure Form
4
Justia Law. New Jersey Revised Statutes 46:3C-10 – Seller’s Disclosure Duties