New Jersey Real Estate Law Questions

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

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 ...
 
 

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

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

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

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 ...
 
 

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

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 ...
 
 

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

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

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

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.
 
 

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

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

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

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.
 
 

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

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 ...
 
 

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

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.
 
 

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

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 ...
 
 

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

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 ...
 
 

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

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.
 
 

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

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 ...
 
 

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

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. ...
 
 

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

Jake Causing Santos's 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 ...
 
 

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

Jake Causing Santos's 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 ...
 
 

1 Answer | Asked in Real Estate Law for New Jersey on Apr 4, 2012

Jake Causing Santos's answer
What your children's rights are depend on the terms of the contract, but generally, if all the contingencies have been satisfied and the delay is solely due to the sellers, your children may be able to demand a firm closing date on the basis of ...
 
 

1 Answer | Asked in Real Estate Law for New Jersey on May 12, 2012

Jake Causing Santos's answer
They might have a case but it may not be a strong case. It depends if they can provide proof that you could have or should have known about the chimney defect before the closing. This is general information and not a substitute for advice from an attorney ...