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New Jersey Contracts Questions & Answers
1 Answer | Asked in Contracts and Animal / Dog Law for New Jersey on
Q: As a private firm contracting with a municipality is my private firm required to have an affirmative action certificate

The municipality is requiring it but I’m told it’s not required. Where can I find the requirements for a professional contractor working for a municipality?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 30, 2019

You have two choices: Either obey the municipal ordinance that requires you to have an affirmative action certificate or get ready to find another employer--soon.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued... View More

Paul J. Riviere
Paul J. Riviere
answered on Dec 20, 2019

You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Defense for New Jersey on
Q: Should I have separate insurance policies for my rental LLC’s, or can it be a named insured on my personal policy?
Leonard R. Boyer
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answered on Dec 5, 2019

Each LLC should have at least three members and it's own insurance policy. All LLCs should be owned by a "C" corp. Anything else is not going to protect you from personal liability. You really need to retain an experienced business and contracts attorney.

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for New Jersey on
Q: Storage facility changed lock - unit fully paid - Preventing access to contents.

New Jersey - Storage unit leased to an llc,

    Owner deceased, estate admin and employees of the deceased's llc have been ensuring unit is paid monthly while sorting contents.

-Nov 17 unit lock changed discovered

-Nov 21 Facility management contacted and offered... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 27, 2019

I don't know of any lawyer that would take a case like this on a contingency basis

1 Answer | Asked in Contracts, Estate Planning and Collections for New Jersey on
Q: What must be included in a creditor's claim letter against an estate?
Paul J. Riviere
Paul J. Riviere
answered on Dec 19, 2019

As per N.J.S.A. 3B:22-4, Creditors of the decedent shall present their claims to the personal representative of the decedent’s estate:

-in writing, and

-under oath,

-specifying the amount claimed, and

-the particulars of the claim.

-within nine months from the date of the decedent's death.

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: What are the chances of NJ Assembly Bill A1769 getting passed soon?

It deals with Non-Compete Agreements. I have a friend who works for a private school and she signed a non compete that prevents her from getting another teaching job within 12 miles of any of the schools for the company she works for. Because of the amount of schools they have she essentially... View More

Leonard R. Boyer
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answered on Nov 10, 2019

How can anyone intelligently speculate on this?

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for New Jersey on
Q: Someone forged a contract to get money out of me over a No Further Action Letter. Can I sue this contractor?

I had a cash buyer for my home. The oil tank was lifted. I was there when it was lifted. I did not sign a change order for any additional work, or remediation. I am a Property Manager and would bid it out for the best contractor if the work truly needed to be done. I believe this guy was a... View More

Leonard R. Boyer
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answered on Oct 27, 2019

Although you can sue the contractor, this will not be cost effective. Since the house was foreclosed on, you will need to file a Bankruptcy in order to avoid liability for the deficiency judgment when the property is sold at sheriff sale. Even if you win against the contractor, the Chapter 7... View More

1 Answer | Asked in Contracts for New Jersey on
Q: we hired a contractor for our kitchen project, he got paid fully but kitchen it is not finished 100%

Kitchen floor is not flat, there are bumps since some tiles higher then others. Contractor blames the tile product. He installed hood over the oven but it is not centered, instead of fixing it permanently, came up with a temporary solution that didn't fix it, Each time we open the cabinet door... View More

Leonard R. Boyer
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answered on Oct 12, 2019

You are in luck, because under NJ law, there is powerful protection in place on your side. The two most important laws are the N.J. Home Improvement Contractor Act, which almost no home improvement contractor's contract is in compliance with. The Second law is The N.J. Consumer Fraud Act,... View More

1 Answer | Asked in Military Law, Contracts and Business Law for New Jersey on
Q: Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?

Can I terminate a lease agreement if I am called on military orders (title 32) in the state of NJ?

Paul J. Riviere
Paul J. Riviere
answered on Sep 19, 2019

If you have orders for either a PCS or a deployment longer than 90 days federal law, will let you terminate your lease. If this is the case just let your landlord know as soon as you can.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Does this law apply to all renters or only seniors? 2A:42-6.1. Grace period for payment of rent
Marcel Wurms
Marcel Wurms
answered on Sep 9, 2019

That clause only applies to senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under... View More

1 Answer | Asked in Estate Planning, Contracts and Probate for New Jersey on
Q: A verbal contract, between 2 people , no will. Uncle and nephew, is it a binding contract. Witnesses observed
H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 26, 2019

It would violate the statute of frauds

1 Answer | Asked in Contracts for New Jersey on
Q: Do I have a case when the BBB and attorney general's office is on my side

I purchased a used vehicle while the check engine light was on with all the promises in the world from the dealership that all the issues with car will be fixed in order for it to pass inspection... Needles to say they prolonged and prolonged until I was out of warranty then said they weren't... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 25, 2019

The ONLY entity you should be talking to is the company that lent you the money to purchase the unsatisfactory old beater. Why? Because you still owe them whatever you borrowed--regardless of who is at fault here.

3 Answers | Asked in Bankruptcy and Contracts for New Jersey on
Q: If there was a forclosure action shouldn't there be a writ of excution in the county records? also shouldn't we be serve

Served by them ? Then by the county sheriff?? I dont see it on there website for a sake. it has not been in paper for 4 weeks dont they have to do all those things before a sheriff sale, since NJ is judicial state? And back in 2017 doesnt our bankruptcy canceled out all there prior fillings..dont... View More

Michael David Siegel
Michael David Siegel
answered on Aug 16, 2019

Your question shows you know little about bankruptcy or foreclosure. Your lawyer should have explained it to you. If your sale has been noticed by posting a notice of sale and advertising it will go forward as noticed.

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2 Answers | Asked in Consumer Law, Contracts and Securities Law for New Jersey on
Q: WE INVESTED $100000 in Cinsay who was bought out by Aibuy in May 2019 We were never advised of the change of ownership.

We were never given an opportunity to recover our investment.What do you recommend we do

David Neuman
David Neuman
answered on Aug 2, 2019

Ultimately, if there was a material misrepresentation made in connection with the sale of the investment, then you could potentially sue for it. Generally the misrepresentation must be made at the time of sale to be actionable.

With regards to notice of the change of ownership, that...
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1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: How to get out of a loan agreement?

I got a loan agreement to finance furniture but after sign the agreement I decided to cancel because I found a better deal. I called the bank to cancel the agreement the said they would void it only when the furniture store confirms that I cancel the order and didn’t receive anything from them? I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 1, 2019

I predict there will come a day when many more people will learn--by asking contact questions like this on here on Justia--not to sign any contracts without reading them very closely. Your particular situation reminded me of the advice I have given to every person in my family and to every friend... View More

1 Answer | Asked in Contracts for New Jersey on
Q: My service contract with portfolio services does not have a signature from car dealership and it states on back it needs

Without two signatures it is not valid, is this correct?

Leonard R. Boyer
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answered on Jun 29, 2019

Without seeing the contact, no one here can tell you for certain. However, if you have already received some benefit from the contract, a minor defect is not going to invalidate the contract.

1 Answer | Asked in Contracts for New Jersey on
Q: Can a loan officer at a bank notarize documents that he/she originated?

And is receiving commission from the bank on the execution of the documents such as loan documents

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 21, 2019

I doubt the loan officer was "notarizing loan documents" because they do not have to be notarized. It is much more likely he was notarizing signatures on the loan documents. So, to answer your unstated underlying question, yes, the loan documents are valid and you are still liable on the note(s).

1 Answer | Asked in Contracts and Criminal Law for New Jersey on
Q: New Jersey usury concerning interstate commerce

I need to ask some questions if my case is actual usury and if there would be any exceptions for it

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 19, 2019

Before calling a NJ lawyer, try Goggling "usury interest rates in new jersey." Warning: As in most states, there may be several different usury rates governing civil contracts for businesses and individuals, as well as several more criminal usury rates for business and individuals in New Jersey.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for New Jersey on
Q: I cosigned a car for my brother and he is not making payments. Can i take him to court to take the car if i pay it off.

I cosigned a car for my brother and he is not making payments for 5 months. Since we got the car he has been making late payments. Can i take him to court to take the car if i pay it off. Me and my brother's name is on the title. If i pay the car off, the bank will send the title to me. Can i... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 13, 2019

In most states either person named on the title has the ability to sell it or to do anything else with the car. If you pay it off the bank will give you a new title, which you can use any way you want.

2 Answers | Asked in Contracts for New Jersey on
Q: current agent will not give unconditional release. How long do I have take the house off the market before relisting?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 1, 2019

Depends on a contract which a lawyer would need to read to answer your question.

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