New Jersey § 56:8-19

§ 56:8-19.

Notwithstanding any provision of P.L.1960, c. 39 ( C.56:8-1 et seq. ) to the contrary, there shall be no right of recovery against a real estate broker,

broker-salesperson , or salesperson licensed under R.S.45:15-1 et seq. for the communication of any false, misleading , or deceptive information provided to the real estate broker, broker-salesperson , or salesperson, regarding real estate located in New Jersey, if the real estate broker,

broker-salesperson , or salesperson demonstrates that they : a. Had no actual knowledge of the false, misleading or deceptive character of the

information; b. Made a reasonable and diligent inquiry to ascertain whether the information is

of a false, misleading , or deceptive character. For purposes of this section, communications by a real estate broker, broker-salesperson , or salesperson which shall be deemed to satisfy the requirements of a “ reasonable and diligent inquiry ” include, but shall not be limited to, communications which disclose information: (1) provided in a report or upon a representation by a person, licensed or certified

by the State of New Jersey, including, but not limited to, an appraiser, home inspector,

plumber or electrical contractor, or an unlicensed home inspector until December 30,

2005, of a particular physical condition pertaining to the real estate derived from

inspection of the real estate by that person; (2) provided in a report or upon a representation by any governmental official or

employee, if the particular information of a physical condition is likely to be within

the knowledge of that governmental official or employee; or (3) that the real estate broker, broker-salesperson , or salesperson obtained from the seller in a property condition disclosure statement,

which form shall comply with regulations promulgated by the director in consultation

with the New Jersey Real Estate Commission, provided that the real estate broker,

broker-salesperson , or salesperson informed the buyer that the seller is the source of the information

and that, prior to making that communication to the buyer, the real estate broker,

broker-salesperson , or salesperson visually inspected the property with reasonable diligence to ascertain

the accuracy of the information disclosed by the seller. In addition to any other question as the director shall deem necessary, the property

condition disclosure statement shall include a question specifically concerning the

presence of lead plumbing, including but not limited to any service line, piping materials,

fixtures, and solder, in the residential property ; and c. If a property condition disclosure statement contained information indicating the

seller's awareness of water leakage, accumulation or dampness, the presence of mold

or other similar natural substance, or repairs or other attempts to control any water

or dampness problem on the real property, the real estate broker, broker-salesperson,

or salesperson referred the buyer of the real property to the “Mold Guidelines for

New Jersey Residents” pamphlet on the Department of Health Internet website, or other

pamphlet or guidelines deemed appropriate by the director and, if requested by the

buyer, provided the buyer with a physical copy of the pamphlet. Nothing in this section shall be interpreted to affect the obligations of a real estate

broker, broker-salesperson , or salesperson pursuant to the “New Residential Construction Off-Site Conditions

Disclosure Act,” P.L.1995, c. 253 ( C.46:3C-1 et seq. ), or any other law or regulation.