New Jersey Real Estate Law Questions & Answers

Q: Where can I find laws pertaining to Mobile Home communities?

1 Answer | Asked in Real Estate Law for New Jersey on May 14, 2014

Answered on May 17, 2014

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Charles Snyderman's answer
try this link

http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/mobile_hm_pk.pdf

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Q: Can a Recorded Eastment be void or change?

1 Answer | Asked in Real Estate Law for New Jersey on May 2, 2014

Answered on May 3, 2014

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Charles Snyderman's answer
The first step is to look at the language in the recorded easement. It could make it clear that the easement expires upon the death of one or both property owners, or if one owner fails to pay his share of the cost of upkeep, or after a number of years. If the easement is still in effect, it can be changed or eliminated if the 2 owners sign a new document that is recorded.

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Q: If I have a written offer on a home, is the seller by law allowed to accept other offers?

1 Answer | Asked in Real Estate Law for New Jersey on Mar 4, 2013

Answered on Sep 13, 2013

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Michael Millar's answer
It depends. If it is an offer for less than the full asking price, you can accept other offers. If it is an offer with conditions, then you can accept other offers. However, if it is a full price offer with no conditions, then you may not. If you are under contract, you may not.

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Q: I have property I wish to sell. Does New Jersey law mandate any minimum length of contract I enter with a realtor?

3 Answers | Asked in Real Estate Law for New Jersey on Apr 9, 2013

Answered on Sep 13, 2013

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Michael Millar's answer
There is no law that governs the term of a listing agreement. It is negotiable.

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Q: If a deal on a house falls through due to home inspection issues due those issues need to be disclosed to future buyers?

1 Answer | Asked in Real Estate Law for New Jersey on Apr 20, 2013

Answered on Sep 13, 2013

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Michael Millar's answer
Your realtor is correct. A seller of residential real estate has a legal duty to disclose all known defects to potential buyers. The NJ Supreme Court has expressly ruled that caveat emptor (let the buyer beware) is not the law of this state and that there is an affirmative duty to disclose known latent conditions that would affect the value of the property or a reasonable buyer's decision to purchase. Not disclosing a defect is fraud.

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Q: Is it against the law in nj for a realtor to dixclose the past rejected offer on a property

1 Answer | Asked in Real Estate Law for New Jersey on Sep 10, 2013

Answered on Sep 13, 2013

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Michael Millar's answer
I taker the realtor told a true fact, but you did not want this fact disclosed. As a general proposition, if you instruct your agent not to disclose prior offers, then they may not do so. However, if someone was going to "lowball" an offer and you had previously rejected such an offer, the realtor, unless directed otherwise by you, would likely tell the buyer that their offer was too low for you.

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Q: I put a nonpaying nonspouse on my house deed when I purchased my home. Is this person now entitled to any sales proceeds

1 Answer | Asked in Real Estate Law for New Jersey on May 2, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
Yes. When you add someone to your deed, you are gifting them an interest in the home.

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Q: If an individual files an ejectment order which gets dismissed can they then use an attorney to file a second?

1 Answer | Asked in Real Estate Law for New Jersey on Aug 1, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
It depends. If the dismissal was not a decision on the merits or was not "with prejudice", the second action may not be barred.

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Q: If my mother transfers her house deed to me, do I need to pay inheritance taxes?

1 Answer | Asked in Real Estate Law for New Jersey on Aug 21, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
If your mother is still living, you may have to pay gift taxes.

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Q: If i bought the house before I married and I want to refinance, is my husband required to sign the deed?

1 Answer | Asked in Real Estate Law for New Jersey on Apr 10, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
No. He will be required to sign the mortgage, but there is no legal requirement that he be on the deed.

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Q: When you offer listing price for a home, is there a time frame for the contract to go before attorney review?

1 Answer | Asked in Real Estate Law for New Jersey on May 29, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
I am not sure I understand your question. If there is a realtor involved, then under NJ law there is a three day attorney review period. Once one side sends an attorney review letter, the attorney review period remains open ended until both sides agree to all changes.

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Q: Legally is a real estate agent permited in a home once the contracts are signed.

1 Answer | Asked in Real Estate Law for New Jersey on Jun 1, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
Once the seller signs a contract of sale, the explicitly permit the buyer and the buyer's agents to enter the home to perform inspections. This typically requires prior notice to the homeowner.

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Q: Are Real Estate agents allowed to share private info between each other, such as names and financial info?

1 Answer | Asked in Real Estate Law for New Jersey on Jun 3, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
There is not enough information here to fully answer. A realtor is required to ensure that someone who is submitting an offer is financially qualified to purchase the home. It is standard practice to offer a seller some assurances that the buyer is "ready, willing and able" to complete the transaction. Often, that assurance is in the form of a pre-qualificaiton letter or some bank statements.

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Q: I want to sell a condo that has my ex-girlfriend on the title. She has no monetary interest. What is she owed?

1 Answer | Asked in Real Estate Law for New Jersey on Jun 4, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
If your ex-girlfriend is on title - meaning that her name is one the deed - then you cannot sell and unless she also signs off on the transaction. As to what she is entitled to, that would depend on what your deed says and whether there are any other ancillary agreements. Assuming she is on the deed and you are tenants in common, she is entitled to 50% of the net proceeds. Unless she consents to a lesser amount, you would need a court (or mediator) to perform an accounting to determine who paid...

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Q: Are non-US residents/ Citizens entitled to own an apartment/ house in the US and what are the related regulations?

1 Answer | Asked in Real Estate Law for New Jersey on Aug 12, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
Foreign nationals are free to buy and sell real estate in the US. If you are buying with cash, there should be no issues. However, if you require mortgage financing, you will likely need a visa because you will need to obtain an SSN for tax reporting.

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Q: Under contract to sell farm. Owned by an LLC 4 members. If not all members signed the contract- can we cancel contract?

1 Answer | Asked in Real Estate Law for New Jersey on Sep 2, 2013

Answered on Sep 5, 2013

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Michael Millar's answer
Since the "owner" is the LLC, the contract can be signed by any one member who is authorized to sell LLC property. Under the NJ Revised Uniform Limited Liability Company Act (RULLCA), the sale of real estate is considered an extraordinary event and it therefore requires the unanimous consent of the members.

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Q: I am in a partnership with my son he is on the deed but has stop paying his share of the mortgage.he now wants out

1 Answer | Asked in Real Estate Law for New Jersey on Jan 10, 2013

Answered on Feb 2, 2013

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Charles Snyderman's answer
When relatives enter into a partnership, they should have a written agreement that covers issues such as a partner's obligation to pay his share of the mortgage payments, the rights and obligations of the partners, and termination of the partnership. You should consult with an attorney in your location who can get a history from you and then discuss your options.

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Q: My sibling's lawyer tells me he will not communicate with me as a pro se. The issues are simple, so can I force him to?

1 Answer | Asked in Real Estate Law for New Jersey on Dec 30, 2011

Answered on Jun 3, 2012

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Jake Causing Santos' answer
I am not sure what you mean by a "sanitized partition". However, if you are referring to trying to obtain copies of documents that are in your sibling's possession, if you are already in Court, then you can file a motion with the Court (with a copy to your sibling's attorney) to demand a copy of the document you need. Most judges will order the turnover of documents so long as the documents are necessary for what is trying to be achieved.

With regard to communicating with your sibling's...

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Q: Does an easement expire when property is sold to other then a family member. Is there a time limit for its use.

1 Answer | Asked in Real Estate Law for New Jersey on Feb 19, 2012

Answered on Jun 3, 2012

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Jake Causing Santos' answer
It depends on whether the easement was recorded in a document filed with the County Clerk. It depends on whether the easement is necessary for the new owners to be able to enjoy use of the land. For example, if the easement grants use of a road across a neighbor's property to get to the new owners property and the new owner's property is landlocked, then the easement is necessary to be able to get to the landlocked land. Some easements are effective only as long as they are actually being used....

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