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Questions Answered by Michael Millar

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

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

Michael Millar answered on Sep 13, 2013

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.

3 Answers | Asked in Real Estate Law for New Jersey on

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

Michael Millar answered on Sep 13, 2013

There is no law that governs the term of a listing agreement. It is negotiable.

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

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

My agent told me we need to disclose and inspection issues to future potential buyers but it doesn't seem correct. Is it?

Michael Millar answered on Sep 13, 2013

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... Read more »

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

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

Michael Millar answered on Sep 13, 2013

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,... Read more »

1 Answer | Asked in Contracts for New Jersey on

Q: If Seller refuses to provide buyer with receipts for home repairs during inspection negotiations, is he in breach?

Michael Millar answered on Sep 13, 2013

It depends on what the contract states. If the Seller was required to hire registered contractors to perform the work, the Seller should be made to prove that he or she did so. However, if the repair demands simply demanded repairs without specifying who was to perform them, then likely not.

1 Answer | Asked in Consumer Law for New Jersey on

Q: In New Jersey, can a minor enter into a contract?

Michael Millar answered on Sep 13, 2013

While a minor can enter into a contract, the terms of the contract cannot be enforced against the minor. After the minor attains the age of majority, the minor can "affirm" the contract. However, the minor may also choose to repudiate the contract.

1 Answer | Asked in Consumer Law for New Jersey on

Q: Whats other fraud

Michael Millar answered on Sep 5, 2013

There is not enough information here to answer. Can you be more specific?

1 Answer | Asked in Consumer Law for New Jersey on

Q: How do you go about suing over bait and switch, or at the least just publicizing the company who is demonstrating this

Michael Millar answered on Sep 5, 2013

There are not a lot of facts in your post to work with. However, as a general rule, bait and switch tactics are expressly prohibited by the New Jersey Consumer Fraud Act and would subject the seller to treble damages and payment of the plaintiff's attorney fees.

1 Answer | Asked in Consumer Law for New Jersey on

Q: I'm a party to a class action law suit, how do I find the a law firm defending other defendant. so I can retain for me

Michael Millar answered on Sep 5, 2013

The New Jersey courts have an online system in which you can enter the docket number and get information including the counsel for each party to the case.

1 Answer | Asked in Consumer Law for New Jersey on

Q: I'm in co-ownership in New Jersey,and my co-owner wants to do 25000.00. In repairs,Am I obligated to pay half?

Michael Millar answered on Sep 5, 2013

I am assuming that you are speaking of real estate. If you are tenants in common, then you are both responsible for required repairs and upkeep. However, you are not required to contribute to improvements above and beyond basic repairs.

1 Answer | Asked in Consumer Law for New Jersey on

Q: Does a contractor in Nj need to give a written estimate before he completes work?

I had a service contract and was only responsible for parts. They installed the parts and then marked them up 3X on the invoice.

Michael Millar answered on Sep 5, 2013

One would have to review the service agreement. Technically, it may be a home improvement subject to the consumer fraud act, which requires that all contracts be in writing and that they state the full price of the repairs or improvements to be made.

1 Answer | Asked in Consumer Law for New Jersey on

Q: I'm selling my house & the buyer says if I don't give them 15k towards repairs they will back out. Isn't this blackmail

We already have a contract signed by us both. I gave them 25k off the selling price

for any repairs. Now they want a new roof. Nothing wrong with roof. No leaks or dried up. If I don't give them 15k they will pull out. My house was off the market 2 months while they got their loans etc.Isn't... Read more »

Michael Millar answered on Sep 5, 2013

It depends on what your contract states. If the contract permitted the buyer to make inspections and demand repairs, then they are entitled to make such demands. You may, on the other hand, make the repairs yourself in which case they could not cancel.

1 Answer | Asked in Consumer Law for New Jersey on

Q: Can seller cancel house sale contract within three day reviewperiod without an attorney

Michael Millar answered on Sep 5, 2013

No - only an attorney may cancel.

1 Answer | Asked in Consumer Law for New Jersey on

Q: I am and my 2 sisters are on a Deed for my deceased Mother's home. Creditor put a lien on the property I want off deed.

Michael Millar answered on Sep 5, 2013

There is not enough information here. If it is your creditor, then the lien attaches to the property and if you sell your interest, then the lien must b paid and if you convey without any consideration, then the person receiving the interest also receives the lien or the creditor may be able to set... Read more »

2 Answers | Asked in Consumer Law for New Jersey on

Q: How log does it usually take for a class action lawsuit to be settled.

Michael Millar answered on Sep 5, 2013

There is no hard and fast rule for how long it will take to settle - or even that it will ever settle. Each case is different. As a general rule of thumb, if it is going to settle early, settlement will come right after class certification by the court.

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1 Answer | Asked in Consumer Law for New Jersey on

Q: If 10 days after the contract was signed is a Saturday,when is the 10% deposit due?

Michael Millar answered on Sep 5, 2013

You would typically make payment on the next business day - i.e., Monday.

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

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

Michael Millar answered on Sep 5, 2013

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

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

I have a TRO for harassment against a tenant who was illegally subleasing rooms..the state is involved along with the township. She filed an ejectment which was dismissed. Her attorney claims they have filed for another ejectment. Is that possible and what is my recourse. We all are going to... Read more »

Michael Millar answered on Sep 5, 2013

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

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

Michael Millar answered on Sep 5, 2013

If your mother is still living, you may have to pay gift taxes.

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