S4741

An Act concerning the disclosure of landfills at sale of residential property and supplementing Title 46 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

"Landfill" means a landfill in operation on or after the effective date of P.L. , c. (C. ) (pending before the Legislatures as this bill) that receives household, commercial, or industrial solid waste, or a combination thereof, for disposal.

b. At the time of entering into a contract for the sale of residential real property, of which any part is located within a one-half mile radius of a landfill, the seller shall provide a written statement to the purchaser that provides notice and disclosure of the location of the landfill.

c. Notwithstanding a provision of the contract for the sale of the residential real property to the contrary, the purchaser may cancel the contract upon receipt of a statement described in subsection b. of this section by sending a written notice of cancellation by certified mail to the seller within five business days from the date the contract for sale is executed. The purchaser shall not be subject to any penalty, fee, or other adverse provision in the contract by reason of the purchaser’s cancellation pursuant to this subsection.

d. (1) A seller who violates any provision of this section shall be subject to a fine of $5,000 or 10 percent of the purchase price for each violation, whichever is greater, which fine shall be collected and enforced by the Commissioner of Community Affairs or the Attorney General in summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(2) In addition to the penalty set forth pursuant to paragraph (1) of this subsection, and notwithstanding any provision of subsection b. of this section to the contrary, a seller who violates any provision of this section shall be liable to a penalty, in an action brought at the discretion of the purchaser, equal to the greater of $5,000, or 10 percent of the purchase price. The purchaser shall be permitted to recover the penalty, reasonable attorney’s fees, court costs, expenses for expert witnesses, and other related fees and expenses incurred in proving a violation of this section. The Superior Court, Law Division, Special Civil Part in the county in which the real property is located shall have jurisdiction over proceedings pursuant to this paragraph.

2. The Department of Community Affairs shall, in consultation with the Department of Environmental Protection and New Jersey Real Estate Commission, adopt rules and regulation, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislatures as this bill), including but not limited to identifying, and maintaining a database pertaining to landfills in operation on or after the effective date of the bill.

3. This act shall take effect immediately.

STATEMENT

This bill requires the seller of a residential property to disclose in writing the location of any landfill, as defined in the bill, located within one-half mile of the property being sold. The bill permits a purchaser to cancel the contract upon receipt of the disclosure by sending a written notice of cancellation by certified mail to the seller within five business days from the date the contract is executed. The purchaser is not to be subject to any penalty, fee, or other adverse provision in the contract by reason of the purchaser’s cancellation pursuant to the bill.

A seller who violates the provisions of the bill is to be subject to a fine of $5,000 or 10 percent of the purchase price, whichever is greater, for each violation, which is to be collected and enforced by the Commissioner of Community Affairs or the Attorney General in summary proceedings pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The bill further provides that a seller is to be subject to a penalty of $5,000 or 10 percent of the purchase price, whichever is greater, brought at the discretion of the purchaser. The purchaser is to be permitted to recover the penalty, reasonable attorney’s fees, court costs, expenses for expert witnesses, and other related fees and expenses incurred in proving a violation of the bill.

The bill requires the Department of Community Affairs, in consultation with the Department of Environmental Protection and the New Jersey Real Estate Commission, to adopt rules and regulations to effectuate the provisions of the bill.