When purchasing real estate in New Jersey, one crucial step that buyers often overlook is conducting an Open Public Records Act (OPRA). This search can provide invaluable information about the property and its history, helping buyers make informed decisions and avoid potential pitfalls.
What is OPRA?
Well, we can tell you what OPRA is not. In this context, it is not a famous talk-show host or media personality. Simply, “OPRA” is often referred to The New Jersey Open Public Records Act (OPRA) which grants the public access to government records maintained by public agencies. By leveraging OPRA, and the information from an OPRA search, buyers can obtain detailed information about a property that may not be readily available through other means. Once a buyer obtains the search, a skilled, New Jersey real estate lawyer can assist in understanding the results and knowing what to do next.
Why is an OPRA Search Important?
- Uncovering Hidden Issues: An OPRA search can reveal any open or outstanding permits on the property. If the seller or a prior owner made modifications to the property, it is important that they obtain the necessary permits. For example, when renovating a kitchen, different permits could be required, such as building, plumbing, and electrical depending on the nature and scope of the renovation. Also, a final approval is necessary. It is critical for a buyer to have obtained all the inspections related to these permits and to have “closed” the permits as a result. If not, the buyer can be left with the consequences with the municipality for having an illegal construction, but worse can live with a major safety hazard. As such, OPRA searches serve as the buyers’ way to make sure that whatever work was done by prior owners was done properly. With a knowledgeable, New Jersey real estate attorney, buyers can review the results to ensure all permits were properly obtained, then closed accordingly. This must be done to avoid any future scenario that can lead to additional costs and legal complications for the buyer.
- Verifying Compliance: Buyers can use OPRA to verify that the property complies with local codes and regulations. This includes checking for any code violations, environmental issues, or other compliance lapses that could affect the property’s value or usability. Imagine closing on a property and then having a municipal code official knock on your door indicating that there was a prior violation on the property and now it is your responsibility as a buyer? Certainly, that is not a housewarming gift anyone would want. This is why an OPRA search is so important. With the guidance of an experienced New Jersey real estate lawyer, you can make sure that no violations exist and when someone knocks on your door, they are welcoming you to the neighborhood.
- Access to Historical Records: OPRA allows buyers to access historical records, such as past inspections, tax assessments, and environmental reports. This information can provide insights into the property’s condition and any potential issues that may have been resolved or are still pending. When buying a property, it is important to know what happened before you take ownership. This is especially the case in New Jersey with respect to the presence of abandoned, underground oil tanks. Buyers need to make sure that if there was an abandoned, underground oil tank, it was properly removed without any contamination. Often, if a tank was discovered over twenty (20) years ago, an abandoned, underground tank was remediated with sand or foam, but left in the ground. That method, although acceptable years ago, is no longer advisable and the governing method for remediation. Now, the method is to remove the tank and ensure that there was no leakage that could cause soil, or worse, ground water contamination. Only with an OPRA search will a buyer know what, if anything was discovered and then done at the property. Get the OPRA search and then consult with a thorough New Jersey real estate attorney about the meaning of the results.
- Avoiding Surprises: As you can see, conducting an OPRA search helps buyers avoid surprises during the purchasing process. By obtaining all relevant information upfront, buyers can address any issues before they become deal-breakers. More importantly, only with the results of an OPRA search can a buyer ensure that a Seller was truthful in the Sellers’ Disclosure Statement. In New Jersey, sellers are now required to offer a Sellers’ Disclosure Statement, and buyers are left to their own due diligence to confirm the truthfulness of it. An OPRA search is a tool, along with home inspections, that a buyer can check if the sellers properly represented the condition and history of the property. Lastly, if a buyer waives inspection, verifying a seller’s truthfulness on the Sellers Disclosure Statement may be one of the only ways to ensure that the sellers are not omitting important information. Moreover, it may be the only mechanism for the buyer to cancel the contract having waived inspections based on the misrepresentation of a seller. As you can see, there are complex legal issues that arise, and it is important to consult with a competent New Jersey real estate lawyer that not only understands how to manage your real estate transaction, but also is a skilled New Jersey real estate litigation attorney.
How to Conduct an OPRA Search
To conduct an OPRA search, buyers or their real estate agents need to submit a request to the appropriate municipal agency. The request should be specific and include details such as the property address, block, and lot number. Most municipalities have online forms or links on their websites to facilitate the search. The agency is required to respond within seven (7) business days, although extensions may be granted if necessary. This process should be commenced immediately upon the conclusion of attorney review, and maybe before you submit an offer if a buyer wishes to waive inspections.
Conclusion
As you can see, an OPRA search is a powerful tool for buyers in New Jersey real estate transactions. It provides access to critical information that can help buyers make informed decisions, avoid potential issues, and ensure a smoother purchasing process. By taking the time to conduct an OPRA search and then sharing the results with their New Jersey real estate lawyer, buyers can protect their investment and move forward with confidence. Along with home inspections, an OPRA search provides buyers the opportunity to check on the property themselves and not leave themselves completely vulnerable to the truthfulness of the Sellers’ Disclosure Statement.
Buyers who are looking to purchase real estate in New Jersey should contact a skilled New Jersey real estate attorney. If you wish to learn more, please contact Abdou Law Offices, LLC at (732) 540-8840.
