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Questions Answered by Michael Millar
1 Answer | Asked in Real Estate Law for New Jersey on
Q: If i bought the house before I married and I want to refinance, is my husband required to sign the deed?
Michael Millar
Michael Millar answered on Sep 5, 2013

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
Q: When you offer listing price for a home, is there a time frame for the contract to go before attorney review?
Michael Millar
Michael Millar answered on Sep 5, 2013

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.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Legally is a real estate agent permited in a home once the contracts are signed.

For example the home inspection has to be done. I know we should help to assist in getting access to the home, however where do we stand legally while the inspection is going on?

Michael Millar
Michael Millar answered on Sep 5, 2013

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
Q: Are Real Estate agents allowed to share private info between each other, such as names and financial info?
Michael Millar
Michael Millar answered on Sep 5, 2013

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... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I want to sell a condo that has my ex-girlfriend on the title. She has no monetary interest. What is she owed?
Michael Millar
Michael Millar answered on Sep 5, 2013

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... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Are non-US residents/ Citizens entitled to own an apartment/ house in the US and what are the related regulations?
Michael Millar
Michael Millar answered on Sep 5, 2013

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

NJ farm owned by an LLC with 4 members

Michael Millar
Michael Millar answered on Sep 5, 2013

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... Read more »

2 Answers | Asked in Contracts for New Jersey on
Q: Is there any case law in NJ regarding the intentionally forcing a party to breach a contract
Michael Millar
Michael Millar answered on Sep 13, 2013

More facts would be needed to answer your question. A party may act in bad faith to frustrate the purpose of a contract. And, a third party may interfere with performance of the contract.

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2 Answers | Asked in Consumer Law for New Jersey on
Q: I have a question, how much is a"sales of goods" contract in nj?
Michael Millar
Michael Millar answered on Sep 5, 2013

There is not enough information to answer. There are different consumer protection statutes governing differing types of consumer goods - with different minimum amounts. For example, the Door to Door Home Repair Sales Act has a minimum of $25.00 while the Consumer Fraud Act applicable to home... Read more »

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