In response to the recent New Jersey Supreme Court decision Strawn v. Canuso, holding developers and real estate brokers liable for failing to disclose off-site environmental conditions affecting the value of new homes in New Jersey, Governor Whitman signed legislation to afford additional protection to prospective buyers. On September 18, 1995, the Governor signed into law a bill requiring sellers of new residential real estate to disclose off-site conditions. Specifically, the "New Residential Construction Off-Site Conditions Disclosure Act," enacted as Chapter 253, requires developers and real estate professionals to inform potential buyers of the availability of a "Conditions List" available from each township clerk's office. The "Conditions List" includes, among others, sites found on the National Priorities List and known hazardous discharge sites. Such full disclosure of off- site conditions will enable new home buyers to make well-informed decisions.
