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Bill

S 4741

Relates to schemes to defraud and establishing the crime of harassment of a legal services client; repealer

2025 Regular Session Introduced by Luis Sepúlveda

Requires sellers to disclose landfills within 0.5 miles of a home; gives buyers a 5-business-day cancellation right and penalties for nondisclosure.

REFERRED TO CODES
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WeVote Research Nonpartisan
Bill Summary · S 4741

Summary of Senate Bill S 4741 (Introduced Oct. 27, 2025)

Note: The bill title references “schemes to defraud and establishing the crime of harassment of a legal services client; repealer,” but the introduced content concerns landfill disclosure in real estate transactions.

Overview

S 4741 would require sellers of residential property to disclose the location of landfills within a one-half mile radius of the property being sold. It creates a purchaser-initiated cancellation right upon receipt of the disclosure, and establishes penalties for noncompliance. The bill also directs the creation of regulatory rules and a landfill database.

Key Provisions

  • Definition of landfill: A landfill in operation on or after the bill’s effective date that receives household, commercial, or industrial waste.
  • Disclosure requirement: At the time of entering into a contract for sale of residential real property, if any part of the property is within 0.5 miles of a landfill, the seller must provide a written notice disclosing the landfill’s location.
  • Cancellation right for purchasers: The purchaser may cancel the contract by sending a written notice of cancellation by certified mail within five business days from contract execution, with no penalties to the purchaser for exercising this right.
  • Seller penalties for noncompliance:
    • A mandatory fine of $5,000 or 10% of the purchase price per violation, whichever is greater (enforced via summary proceedings by the Commissioner of Community Affairs or the Attorney General).
    • An additional remedy available to the purchaser: the greater of $5,000 or 10% of the purchase price, plus the purchaser’s recovery of penalties, reasonable attorney’s fees, court costs, expert fees, and other related expenses; jurisdiction for these actions lies in the Superior Court, Law Division, Special Civil Part.
  • Regulatory framework: The Department of Community Affairs (DCA), in consultation with the Department of Environmental Protection (DEP) and the New Jersey Real Estate Commission, would adopt rules under the Administrative Procedure Act to implement the act, including establishing and maintaining a landfill database.
  • Effective date: Immediate upon enactment.

Enforcement and Remedies

  • Penalties are designed to deter nondisclosure and compensate purchasers when disclosure is missing or inaccurate.
  • Penalties are enforceable in state courts and/or through summary enforcement by DCA or the Attorney General.
  • Purchasers can recover legal and related expenses incurred to prove a violation.

Regulatory and Administrative Aspects

  • Requires interagency coordination (DCA, DEP, Real Estate Commission) to issue regulations.
  • Calls for a centralized database identifying landfills in operation on or after the bill’s effective date.

Legislative Context

  • Status: Referred to Codes (Senate) after introduction on October 27, 2025.
  • Primary sponsor: Luis R. Sepúlveda.
  • Companion bill: A 5366 in the Assembly.

Potential Impact

  • Increases transparency in residential real estate transactions near landfills.
  • Adds compliance obligations for sellers and potential transactional delays due to disclosure and regulatory rulemaking.
  • Creates a private remedy and a state-enforced penalty structure to address violations.

Compiled from official sources — confirm details with the bill’s official record.

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