1. New Jersey Supreme Court Case Law: The landmark case Weintraub v. Krobatsch, 64 N.J. 445 (1974), established the seller's duty to disclose known, latent defects. The Court held that "deliberate concealment or nondisclosure is the equivalent of actual fraud" and gives the buyer grounds for rescission of the contract.
2. New Jersey Administrative Code: N.J.A.C. 11:5-6.4(b) mandates that real estate licensees "make reasonable effort to ascertain all material information concerning the physical condition of every property for which he or she is retained to market." This reflects the underlying legal duty of disclosure that extends to sellers.
3. University Courseware: In property law courses, such as those based on the principles outlined in the Restatement (Second) of Torts § 551, a seller of real property is liable for nondisclosure of known facts that are not observable by the buyer if they are material to the transaction. This principle is foundational to New Jersey real estate law. (e.g., Course materials on Property Law, Seton Hall University School of Law, often cite Weintraub v. Krobatsch as a key case in seller disclosure obligations).