Do I need to file a Right of First Refusal document with the County in NJ?

Question

I have a signed and notarized "Right of First Refusal to Purchase Real Estate" document for a residential property with Joint Tenancy in New Jersey. This document is between the two joint tenants. The property has never been up for sale and there is no language in the document about filing requirements with the County. Given that there is no immediate plan to sell, do I need to submit this document to the County, or is it sufficient to hold onto it and present it if the property is ever put up for sale?

Zachary Whelan · Answer

Yes, a right of first refusal needs to be recorded in the county where the property is located.

James L. Arrasmith · Answer

In New Jersey, a Right of First Refusal is usually treated as a private agreement between the parties rather than something that must be recorded with the County. Since you and the other joint tenant signed and notarized the document, it is legally valid between you both whether or not it is filed. Holding onto the document and presenting it when the property is offered for sale can still protect your rights. 
 
That said, recording the agreement with the County would make it part of the public record. This can be useful if the property is ever sold to a third party, since the recorded document would put future buyers on notice of your rights. Without recording, your agreement may still be enforceable between you and your co-owner, but a buyer who had no knowledge of it might argue against being bound by it. 
 
Since there are no current plans to sell, you are not required to file anything right now. Keeping the signed and notarized copy in a safe place is sufficient. If you want additional protection in the future, you can always record it later to ensure it is part of the property’s official chain of title.

Q: Do I need to file a Right of First Refusal document with the County in NJ?