New Jersey process · seller view

The New Jersey Home-Selling Process: Your Step-by-Step Checklist

Selling a home in New Jersey comes with a few twists most first-time sellers don't expect — a three-business-day attorney review window, several state-specific disclosures, and possible tax withholding at closing.

Reading as seller. Switch to buyer

Phase 1 of 7 · typically 2-6 weeks

Pre-Listing Prep

Before your home goes on the market, you'll line up an agent, sign paperwork, gather disclosures, and set a price.

  1. Interview two or three listing agents

    YouBefore you sign with anyone

    Meet with a few agents and ask how they market homes, what they charge, and how often you'll hear from them. Pick the one who knows your town well and who you trust to negotiate on your behalf.

    Cost: $0

  2. Review the Consumer Information Statement

    Your agentAt your first substantive meeting

    Every New Jersey real estate licensee must give you a Consumer Information Statement at your first real conversation. It explains the different ways an agent can represent you, so you can pick the relationship that fits before signing anything.

    You'll need

    • Consumer Information Statement

    Cost: $0

  3. Sign a listing agreement with your agent

    Your agentBefore your home is marketed

    The listing agreement spells out the term, the asking price, what your agent will do, and the commission. Read it carefully and ask questions about anything that doesn't make sense before you sign.

    You'll need

    • Listing agreement

    Cost: $0

  4. Decide if you'll offer to pay a buyer's agent

    Your agentBefore listing day

    After the NAR settlement took effect on August 17, 2024, sellers no longer advertise pay for a buyer's agent inside the MLS. You can still offer it through a separate written deal, or you can wait and negotiate it with each buyer's offer.

    Cost: varies

  5. Fill out your property and flood disclosure forms

    YouBefore you list

    New Jersey requires you to tell buyers what you know about the home. Since the Flood Disclosure Law took effect on March 20, 2024, you also have to complete a written flood statement covering prior flood damage, any insurance claims, and whether the home is in a FEMA flood zone.

    You'll need

    • Property Condition Disclosure
    • Flood Disclosure Statement

    Cost: $0

  6. Prepare the lead-based paint disclosure if your home was built before 1978

    YouBefore signing a contract

    Federal law applies in New Jersey: if the home was built before 1978, you must give buyers a written lead-based paint disclosure, share any lead reports you have, and include the EPA pamphlet 'Protect Your Family From Lead in Your Home.'

    You'll need

    • Lead-Based Paint Disclosure
    • EPA lead pamphlet

    Cost: $0

  7. Check your New Jersey tax residency status

    YouBefore closing is scheduled

    If you don't live in New Jersey full-time, you may owe state withholding at closing — the greater of 2% of the sale price or 8.97% of the estimated gain on the sale. Talk to your accountant early so the right form is ready when closing day comes.

    You'll need

    • Prior-year NJ tax return

    Cost: varies

  8. Set your list price

    Your agentRight before listing

    Your agent will pull recent nearby sales and show you what similar homes went for. Pick a price that's high enough to leave room to negotiate, but not so high that it scares serious buyers away.

    You'll need

    • Comparative market analysis

    Cost: $0

  9. Stage, photograph, and list your home

    Your agentLaunch day

    Clean, declutter, and let the photographer in. Once the photos and listing copy are ready, your agent will post the listing on the MLS and the major buyer sites so it shows up in searches.

    Cost: varies

Phase 2 of 7 · typically 1-4 weeks

Offers and Negotiation

Buyers will submit written offers. You'll review the price and terms, negotiate, and choose which offer to accept.

  1. Review each incoming offer

    Your agentAs offers come in

    Look at the price, the buyer's loan type, the down payment, the closing date, and any contingencies. Your agent should walk you through each offer side by side so you can compare them clearly.

    You'll need

    • Offer to purchase
    • Buyer preapproval or proof of funds

    Cost: $0

  2. Decide how to handle any buyer-agent fee in the offer

    YouWhile reviewing offers

    Some buyers will ask you to chip in toward their agent's fee inside the offer itself. You can say yes, say no, or counter with a different amount — this is a normal negotiation point after the August 2024 NAR settlement.

    Cost: varies

  3. Counter or negotiate terms

    Your agentUntil both sides agree

    If an offer is close but not quite right, send a written counteroffer changing the price, the dates, or the contingencies. Keep everything in writing and let your agent handle the back-and-forth.

    You'll need

    • Counteroffer form

    Cost: $0

  4. Sign the purchase contract

    Your agentOnce terms are agreed

    Once you and the buyer agree, you'll both sign a New Jersey Realtors standard contract. NJ contracts must include a Megan's Law notice telling buyers that information about the sex offender registry is available through the State Police.

    You'll need

    • Signed purchase contract

    Cost: $0

Phase 3 of 7 · typically 3-7 business days

Attorney Review and Going Under Contract

After both sides sign, New Jersey gives each party three business days to have a lawyer review or cancel the deal. This is the most distinctive part of selling a home in NJ.

  1. Hire a New Jersey real estate attorney

    AttorneyRight after signing the contract

    Almost every NJ home seller uses a lawyer. Pick one before the contract is fully signed so they can use the three-business-day attorney review window to make changes or cancel on your behalf if needed.

    You'll need

    • Fully signed contract

    Cost: $500-1,500 typical

  2. Get through the three-business-day attorney review

    AttorneyThree business days after both sides sign

    After both sides sign, each party has three business days to have a lawyer review the contract and either cancel or send changes in writing. The contract isn't fully binding until that window ends or both lawyers say they're done.

    Cost: Included in attorney fee

  3. Confirm the buyer's earnest money is deposited

    AttorneyWithin the first week

    The buyer's deposit goes into a trust account, usually held by your attorney, the buyer's attorney, or the listing broker. Make sure you see written proof that the funds have cleared before moving on.

    You'll need

    • Deposit receipt

    Cost: $0

  4. Deliver every required disclosure to the buyer

    Your agentDuring attorney review

    Hand over the property condition disclosure, the flood disclosure, and the lead-based paint disclosure if the home was built before 1978. New Jersey case law also requires you to share known off-site issues — like a nearby hazardous site — that a normal buyer wouldn't find on their own.

    You'll need

    • Property Condition Disclosure
    • Flood Disclosure Statement
    • Lead-Based Paint Disclosure

    Cost: $0

  5. File a Bulk Sales notice if you're selling a rental

    AttorneyAt least 10 business days before closing

    If you're selling income-producing property — like a multi-family rental — the buyer's attorney must give the New Jersey Division of Taxation at least 10 business days' notice before closing. This protects the buyer from inheriting your unpaid state taxes.

    You'll need

    • Form C-9600
    • Copy of contract

    Cost: $0

Phase 4 of 7 · typically 1-2 weeks

Home Inspection

The buyer will hire an inspector to look the home over, then you and the buyer negotiate any repairs or credits.

  1. Let the inspector in

    YouWithin about a week after attorney review ends

    The buyer's inspector usually needs two to three hours inside, plus access to the attic, crawl spaces, the basement, and outside areas. Try to be out of the house during the visit so the buyer can talk freely with the inspector.

    Cost: $0

  2. Review the inspection report with your agent

    Your agentAfter the buyer sends their request

    Once the buyer shares the report and their repair list, sit down with your agent and sort the items into three buckets: real safety issues, normal wear and tear, and things you'd be willing to fix or credit.

    You'll need

    • Inspection report
    • Buyer's repair request

    Cost: $0

  3. Negotiate repairs, credits, or a price change

    AttorneyWithin the inspection deadline in your contract

    You can agree to do specific repairs, give the buyer a credit at closing, lower the price, or refuse. Most NJ buyers and sellers settle this in a written addendum drafted by their attorneys.

    You'll need

    • Inspection addendum

    Cost: varies

  4. Send your response in writing

    AttorneyBefore the inspection deadline ends

    Don't agree to anything over text or voicemail. Once you've decided, have your attorney send a written response so there's a clean record of what's been promised and what hasn't.

    Cost: $0

Phase 5 of 7 · typically 2-4 weeks

Buyer's Loan and Appraisal

If the buyer is getting a mortgage, their lender will order an appraisal and finalize the loan. You'll mostly wait and stay flexible during this stretch.

  1. Let the appraiser into the home

    YouUsually within 2 weeks after attorney review ends

    The lender's appraiser will spend 20 to 45 minutes measuring the home and taking photos. Make sure the home is tidy and that any improvements you mentioned in the listing are easy to point out.

    Cost: $0

  2. Handle a low appraisal if it happens

    AttorneyAs soon as the appraisal is shared

    If the appraisal comes in below the agreed price, the buyer may ask you to lower the price, put more cash down to cover the gap, or try to back out. Talk through your options with your attorney before responding.

    You'll need

    • Appraisal report

    Cost: $0

  3. Track the buyer's financing deadline

    AttorneyUntil the buyer's mortgage is approved

    The contract gives the buyer a deadline to get a written loan commitment. If that deadline slides, your attorney should ask for a written extension or written confirmation that the loan is on track — don't let it drift quietly.

    You'll need

    • Loan commitment letter

    Cost: $0

  4. Confirm the buyer is clear to close

    AttorneyAbout 3-7 days before closing

    When the lender issues a 'clear to close,' the loan is fully approved and ready to fund. Your attorney will use that confirmation to lock down the final closing date with the buyer's side.

    Cost: $0

Phase 6 of 7 · typically 1-3 weeks

Pre-Closing Prep

In the final couple of weeks, you'll clear title issues, file any required tax forms, finish repairs, and get the home ready to hand over.

  1. Help your attorney clear any title issues

    Attorney1-3 weeks before closing

    The buyer's title company will run a search for liens, old mortgages, and judgments. If they find something tied to your name, your attorney will tell you exactly what you need to pay off or sign before closing day.

    You'll need

    • Title search results
    • Mortgage payoff letter

    Cost: varies

  2. File the GIT/REP form if you don't live in New Jersey

    AttorneyBefore closing day

    Non-resident sellers must file a GIT/REP form at closing showing whether you're claiming an exemption or paying state withholding. The withholding is the greater of 2% of the sale price or 8.97% of your estimated gain on the sale.

    You'll need

    • GIT/REP-1, GIT/REP-2, or GIT/REP-3 form

    Cost: varies

  3. Handle FIRPTA withholding if you're a foreign seller

    AttorneyBefore closing

    If you're not a U.S. citizen or U.S. tax resident, federal FIRPTA rules require the buyer to withhold 15% of the gross sale price and send it to the IRS at closing. You can apply for reduced withholding in advance if your actual tax bill will be lower.

    You'll need

    • IRS Form 8288-B (if applying for reduced withholding)

    Cost: varies

  4. Estimate the New Jersey Realty Transfer Fee

    Attorney1-2 weeks before closing

    New Jersey sellers pay the Realty Transfer Fee at closing. The fee is tiered — a few dollars per $500 of sale price, climbing at higher price brackets — and your attorney will calculate the exact amount from your sale price.

    Cost: varies

  5. Finish any repairs you agreed to do

    YouBefore the final walkthrough

    If your written inspection response said you'd fix things, finish them before the buyer's final walkthrough and save receipts plus before-and-after photos. Buyers can hold up closing if promised repairs aren't done.

    You'll need

    • Repair receipts

    Cost: varies

  6. Review your seller's settlement statement

    Attorney1-3 days before closing

    A few days before closing, your attorney will share the settlement statement showing your loan payoff, fees, transfer taxes, and net proceeds. Read it line by line and ask about anything that doesn't add up.

    You'll need

    • Seller's settlement statement

    Cost: $0

  7. Schedule utility shutoff and your move-out

    You1-2 weeks before closing

    Set the last day for utilities (water, gas, electric, internet) for the closing date and arrange your move. In some NJ towns, the municipality requires a final water reading before closing, so check with your attorney early.

    Cost: varies

  8. Get the town's certificate of occupancy and smoke certification

    You1-3 weeks before closing

    Many New Jersey towns require a Certificate of Occupancy and a Smoke, Carbon Monoxide, and Fire Extinguisher Certification before a home can change hands. Your agent or attorney will tell you which inspections your town runs and how to book them.

    You'll need

    • Town inspection application

    Cost: $50-200 typical

Phase 7 of 7 · typically 1 day

Closing Day

On closing day, the buyer walks through the home one last time, both sides sign the deed and loan paperwork, and the money and keys change hands.

  1. Allow the buyer's final walkthrough

    YouWithin 24 hours before closing

    Within 24 hours of closing, the buyer will walk the home one last time to confirm it's empty, clean, and that any agreed repairs are done. The home should be in 'broom clean' condition unless the contract says otherwise.

    Cost: $0

  2. Sign the deed and closing paperwork

    AttorneyOn or before closing day

    You'll sign the deed transferring ownership, the seller's affidavit of title, the GIT/REP form if it applies, and the settlement statement. Many NJ sellers sign in advance at their attorney's office instead of attending closing in person.

    You'll need

    • Deed
    • Affidavit of title
    • Settlement statement

    Cost: $0

  3. Pay the Realty Transfer Fee at closing

    AttorneyAt closing

    The Realty Transfer Fee is deducted from your proceeds and paid to the county clerk when the deed is recorded. You don't write a separate check — your attorney handles it through the closing numbers on your settlement statement.

    Cost: varies

  4. Deliver keys, remotes, and possession

    YouAt closing

    Leave keys, garage remotes, alarm codes, and any appliance manuals where the buyer can find them. Your attorney will tell you whether to drop them at their office, give them to the buyer's attorney, or leave them on the kitchen counter.

    Cost: $0

  5. Receive your net proceeds

    AttorneySame day as closing

    After the buyer's funds clear and the deed is recorded, your attorney will wire your net proceeds to your bank or hand you a check. Confirm wire instructions in person or by phone — never by email alone — to avoid wire fraud.

    You'll need

    • Wire instructions

    Cost: $0

Sources

  1. [1] NAR Settlement — Practice Changes FAQ
  2. [2] NAR Settlement — Compensation Practice Changes
  3. [3] NJ Division of Taxation — GIT/REP Withholding on Real Property Sales
  4. [4] IRS — FIRPTA Withholding on Dispositions of US Real Property
  5. [5] NJ Division of Taxation — Realty Transfer Fee and Mansion Tax
  6. [6] NAR Settlement — MLS Rule Changes
  7. [7] NJ Division of Taxation — Realty Transfer Fee
  8. [8] NJ Division of Taxation — Bulk Sales Notification
  9. [9] N.J.S.A. 54:50-38 — Bulk Sales Statutory Text
  10. [10] IRS — FIRPTA Withholding on Dispositions of US Real Property
  11. [11] NJ Division of Taxation — GIT/REP and FIRPTA Coordination
  12. [12] NJ State Bar Ass'n v. NJ Ass'n of Realtor Boards, 93 N.J. 470 (1983)
  13. [13] NJ Realtors Standard Contract Form NJ-1027
  14. [14] NJ Consumer Information Statement — DOBI Official Form
  15. [15] NJ Real Estate Commission — Disclosure Requirements
  16. [16] P.L. 2023, c. 93 — NJ Flood Disclosure Law
  17. [17] FEMA Flood Map Service Center
  18. [18] EPA — Lead-Based Paint Disclosure for Real Estate Transactions
  19. [19] N.J.S.A. 2C:7-8 — Megan's Law — Community Notification
  20. [20] Strawn v. Canuso, 140 N.J. 43 (1995)
  21. [21] NJ Real Estate Commission — Trust Account Rules

Last updated May 15, 2026