N.J. Admin. Code § 5:25-5.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:25-5.2 - Claim eligibility

(a) The following owners are eligible to file a claim against the State fund:

1. Owners, other than owners of new homes enrolled in a private plan, having a warranty claim which occurs during years three through 10 of the warranty.

2. Owners having a warranty claim against a builder participating in the State Plan, who has refused to honor or is unable to honor the claim;

3. An owner who has a warranty claim against a builder who, contrary to law, was not a participant in the State Plan;

(b) An owner who elects a remedy other than the filing of a warranty claim with an approved private plan or the State plan shall not be eligible thereafter to file a claim against the State fund. The State fund shall not be liable for any claim not filed in accordance with this chapter.

(c) No person who is not an eligible owner, as determined in accordance with (a) above, shall be entitled to file a claim against the State fund. No builder or other seller of a new home shall be eligible to file a claim against the State fund or to obtain indemnification or other relief from the State fund, whether in a third-party action or otherwise.

N.J. Admin. Code § 5:25-5.2

Amended by R.1992 d.246, effective 6/15/1992.
See: 24 New Jersey Register 1149(a), 24 New Jersey Register 2244(b).
Text at (b) and (c) added to clarify suspension and revocation circumstances.
Amended by R.1996 d.93, effective 2/20/1996.
See: 27 New Jersey Register 4058(a), 28 New Jersey Register 1225(a).