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New Jersey Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for New Jersey on
Q: I am selling a lot. Buyer paying cash. Can I get two checks from the title company holding settlement?
Marcel Wurms
Marcel Wurms
answered on Oct 10, 2017

Shouldn't be a problem. Just speak with them.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: When does property that was willed to me become mine? It is still deeded under my father's name.

Unfortunately, there are many repairs to be done before I can put the house up for sale. I was thinking about getting an inheritance loan if possible.

Marcel Wurms
Marcel Wurms
answered on Oct 5, 2017

The property "officially" becomes yours once the personal representative of your father's estate executes a will. There may be several other things that need to be done to give you clear title. You will need to receive an inheritance tax waiver from the NJ Division of Taxation.... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can an HOA prohibit school vans transporting kids w/ disabilities (mandated door-to-door on IEPs) inside the community?
Marcel Wurms
Marcel Wurms
answered on Oct 4, 2017

This question is a first for me. I'm not positive, but it sure sounds like it would be against public policy and also a violation of the ADA. But to be sure, the HOA's rules and regulations would have to be reviewed.

Disclaimer: The provided information is for informational...
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2 Answers | Asked in Banking, Real Estate Law, Foreclosure and Landlord - Tenant for New Jersey on
Q: Will i qualify for a bana fide lease in nj if..

My family and i moved into a town house in nj back in july. My landlord as of now no longer owns the property it was forclosed and the bank owns it. The sheriffs sale was aug. 24 but i guess noone bought it and now the bank owns it as of sometime in sep. We received a notice from the banks lawyer... View More

Derek John Soltis
Derek John Soltis
answered on Oct 3, 2017

You should sit down with an attorney to go over your rights. It sounds like your former landlord is out of the picture, and you now have the bank as your landlord. You have options.

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2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: How common are deficiency judgments on foreclosed homes? The home was included in bankruptcy. I have no money to pay.

If there was a judgment, I could not afford to pay it back with all my expenses.

Derek John Soltis
Derek John Soltis
answered on Oct 3, 2017

If you were in bankruptcy and received a discharge, then you are not going to be facing a deficiency judgment.

Many banks do not pursue deficiency judgments unless they are sure it will be profitable for them.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Lease ended 4/1. On month to month (not in writing). Landlord sent text last night, wants me out asap. What are rights?

I am a little behind on my rent but do I still have until the end of the month to get out?

Marcel Wurms
Marcel Wurms
answered on Oct 3, 2017

Landlord can only force you out through the courts.

If you are in an owner occupied, two or three family home, he can evict you without cause with one month's notice. Otherwise, he needs cause.

Owing rent is cause. Habitual late payments also is.

Disclaimer: The...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are selling a home in New Jersey. We received a contract offer on the house that was not signed by the buyer.

We altered some language benefitting the realtors in the contract and signed it. But it has been several days and we still do not have a signed contract from the buyer. Is this a valid offer. If I send this to my attorney, I must pay a minimum of $750 for him to review the contract. I am wary... View More

Marcel Wurms
Marcel Wurms
answered on Oct 3, 2017

There is no valid contract until both parties sign. Further, in New Jersey, most buyers' attorneys will cancel the contract under the attorney review provisions, and then offer proposed amendments (which is basically what you did).

The better answer would have been for you to have...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: What does this mean re: Title 46 - PROPERTY Section 46:8B-38 at bottom-L.1980, c. 103, s. 3, eff. Sept. 11, 1980.

This part - what does it mean? L.1980, c. 103, s. 3, eff. Sept. 11, 1980.

Marcel Wurms
Marcel Wurms
answered on Sep 22, 2017

That is when the law was originally passed - Chapter 103, Section 3 of the 1980 legislative session New Jersey. The law became effective on September 11, 1980.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I didn't sign month-to-month after annual lease expired, landlord sent letter to terminate & show apt. w/ 24 hrs notice.

Hi. I'm a renter of a condo in attached housing here in Monmouth County, NJ. My landlord owns the property but it's part of an association. I had an annual lease which was renewed in 2016 (it started in August 2015) and a month-to-month lease was finally sent to me 3 weeks after the 2016... View More

Marcel Wurms
Marcel Wurms
answered on Sep 19, 2017

If your landlord properly served you with a valid notice to cease making your late payments, and despite the notice you continued to make such payments late, yes, she has the right to ask you to leave. That is accomplished by sending you a notice to quit.

If the notice to cease wasn't...
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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can someone else sign as seller for me on a real estate transaction in New Jersey if I am unavailable?

I am stuck in in a hurricane disaster zone in the US Virgin Islands and have no way to send out or receive hard-copy documents. I am told that wet signatures are required on closing docs in New Jersey. It was suggested that I give a POA to my attorney to sign on my behalf. This does not help me... View More

Vincent Gallo
Vincent Gallo
answered on Sep 17, 2017

Apparently you have the ability to Email, as established by your posting this question, so what would prevent you from now acting on your own behalf?

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: We purchased a a flipped, bank owned home, and found out later that it seemed the sellers hid many problems.

We found out within a few months that it had a moisture problems and had water damage. Our neighbor told us that trees had fell on the roof and I have no idea how long there was an opening. Also the sump pump in our basement was not functional even though we were told it was fixed(could not check... View More

Marcel Wurms
Marcel Wurms
answered on Sep 18, 2017

If a seller purposefully hid and misrepresented known material issues to you, you may have recourse.

You should see the attorney that represented you in the purchase, and review the home inspection report with the attorney.

Disclaimer: The provided information is for informational...
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2 Answers | Asked in Real Estate Law for New Jersey on
Q: My neighbor 2 yrs ago took down all but 2 sections of a deplorable fence that is on our shared boundary line.

My survey clearly shows the fence on the boundary line & at the time of the partial removal she said.... she was going to install a new fence.

This never happened, I now have reached out to her with my plan of a new fence (4' high all Cedar board on board picket), I sent her a... View More

Marcel Wurms
Marcel Wurms
answered on Sep 18, 2017

If the fence is right on the property line, then generally, she also had no right to take the down fence two years ago without your permission.

That may give you the leverage you need. However, the easier answer may for you to just put up your own fence on your property, and hide her fence.

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1 Answer | Asked in Land Use & Zoning, Patents (Intellectual Property) and Real Estate Law for New Jersey on
Q: Can I still do a Allodial Title in NJ? They will not allow me to do a land patent in this state.
Peter D. Mlynek
Peter D. Mlynek
answered on Sep 11, 2017

No.

Because any land in NJ is subject to the US Constitution, the government has the right of eminent domain.

You will have to continue to pay taxes. Sorry.

(Disclaimer: I do not do real estate law, just patent law, but this seemed like an easy question to answer....
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2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Can my husband get a less share in the properties after divorce?

I filed for divorce from my husband and I acquired 2 properties during the marriage and did not add his name to them. I do however have other 3 other co-owners and I know my husband is still legally entitled even though his name isn't on them. When the divorce happens, will it be a 5 way... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 9, 2017

You need an in person consultation and a review of all documents, as well as your entire situation. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced matrimonial attorney. You need the best attorney you can afford, do not let... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: I live with two of my cousins. The lease is up next month. I do not want to stay there any longer.
Marcel Wurms
Marcel Wurms
answered on Sep 1, 2017

If you're all on the lease, you should give the landlord notice. Hopefully, the lease only required one month's notice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am getting ready to list my rental property for sale .

I have a rental multi family property in New Jersey that am about list for sell. I have be managing it from out of state for the pass 10 years. I am have gotten tied of it . Have a great Tanent and I feel bad to tell them. What is the right way. They are on a month to month lease . What is the... View More

Marcel Wurms
Marcel Wurms
answered on Aug 31, 2017

The best way is to call them. They still have their rights under the lease, and unless one of the causes under the anti-eviction act are met, whomever buys the property will inherit them as a tenant.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My father in law passed away and left a will and had an estate. House sold on 8/7/17. To date we have not received money

Does it take this long? Lawyer fees have been astronomical.

Marcel Wurms
Marcel Wurms
answered on Aug 29, 2017

It sure could take a while. Depends if inheritance tax and estate tax returns were filed yet. Call the attorney.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: how much of a notice does my landlord need to give me if she wants to move into the condo I'm renting?

My landlord called me stating she wants to settle down here and wants to move back into the condo I'm renting. I'm on a month to month. I pay on time every month. Do I need written notice? How much time do I have ,legally, to move out?

She also wants to come in to see how she is... View More

Marcel Wurms
Marcel Wurms
answered on Aug 29, 2017

Assuming there never was a written lease, she must give you two months notice and you do not have to let her in.

If there was a written lease which expired and converted to the month to month, then she must give you at least two months notice, unless the lease called for more. Also, any...
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1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Real Estate contract in June. Needs repairs. Not able to close till Nov/Dec. Can we sue?

After inspection, it was found house needed chimney repair and new septic. Now almost Sept. Nothing done. It was surmise we may not close till Nov/Dec. We have been told different stories. Thought chimney was fixed. Haven't even started. We feel they ran out of money with their new... View More

Marcel Wurms
Marcel Wurms
answered on Aug 25, 2017

Rights under the home inspection, along with dates, are usually spelled out quite clearly in the contract. If they breached the terms, then you have legal options. If not, you don't. Without knowing the provisions of the contract, seeing correspondence, reports, etc., I can't give you... View More

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Feel sellers are stalling. Don't have money for repairs. We are in a hotel and have gone through 20,000 expenses

Went into contract in June. After inspection, in June, it was found house needed new septic and Chimney repair. In the meantime, sellers bought another house which they are fixing. We believe they ran out of money. We were told Chimney was fixed. Now we are told contractor is waiting for a... View More

Marcel Wurms
Marcel Wurms
answered on Aug 25, 2017

This question has been answered on your other posting.

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