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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: I was gifted a trailer in a trailer community I pay lot fees and am in the lease to the community can gifter reclaim
Marcel Wurms
Marcel Wurms
answered on Aug 25, 2017

If there was a transfer of title through DMV, it's yours. If not, then you need to see a lawyer to discuss the background.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Moving Out on Hold Over, What Are My Rights

My question involves landlord-tenant law in the State of: New Jersey

I started a 1 year lease(as tenant) on Nov 15 2015, ending Nov 14 2016. I had deposited 1.5 months worth of rent as security deposit. After the end of the 1-year term, there was no communication and I continued to stay(and... View More

Marcel Wurms
Marcel Wurms
answered on Aug 23, 2017

You are correct that your lease converted into a month to month. However, other than that, all the terms of the prior written lease apply.

Therefore, it seems to me that your month actually runs from the 15th to the 14th, and if you want to move out on September 39, you will be liable for...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Hi. I am a question about renting my home

I was thinking of renting my home month to month. Would I need to notarize a lease form? Also would that change my tax return?

Marcel Wurms
Marcel Wurms
answered on Aug 22, 2017

Leases don't need to be notarized, but I wouldn't advise using a store bought lease.

As far as taxes, when you rent a home, it requires you to file a Schedule E with your tax return. As a result, you need to keep very good records.

If this is your first time doing this,...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I want to sell the house occupied by tenants and the lease states i can do that. Can i sue the tenants for making it har

Tenants make it messy, tell prospective buyers lies, dont let the realtor show up. Can i evict those tenants in the meantime?

Leonard R. Boyer
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answered on Aug 18, 2017

Retain a landlord tenant attorney to handle this the right way, or you will have serious problems and more costs. You will also waste a lot of time, then if you want to to this in the most cost effective way.

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1 Answer | Asked in Contracts, Business Law and Real Estate Law for New Jersey on
Q: PA subcontractor setting modular homes in NJ? Need contract with contractor?

We are a subcontractor from PA setting modular homes in NJ. We are hired by the builder or manufacturer. We do not deal with the homeowner in any way. Is there a law in NJ stating that we need to have a contract with start/end dates and rescission clause? All my research shows the contractor should... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 17, 2017

You need to meet with a lawyer and have the lawyer review the laws with you and of course a lawyer will charge you for this. Not only do you have to worry about state laws but also local township ordinances on what you are allowed and not allowed to do.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: When buying a coop in NJ, does the buyer's attorney need to be present at the closing or can she send a paralegal?
Marcel Wurms
Marcel Wurms
answered on Aug 16, 2017

There is no requirement that I know of that requires the attorney to be physically present at the closing. By the time the closing occurs, the attorney should have reviewed all the documents already. The para-legal will ensure that nothing has changed. If something has changed, I would expect... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My RE agent says that sellers can no longer cover buyers closing costs or nj mansion tax. Is this true or is this wrong?
Leonard R. Boyer
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answered on Aug 14, 2017

Your real estate agent is not an attorney. The RTF is payable buy the SELLER of the house, and it is assessed on the sale of any property, regardless of it's price. It's a graduated scale, sort of like income taxes. The Mansion tax, or millionaires tax, is paid by the BUYER of any real... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: My mom used to own the home we currently reside in but it went into foreclosure and was recently bought but we never

Received documentation or a phone call. They want to charge us rent and security though the house isn't in good condition. They also want us to remove our things from the basement and lock it. Can they do that? They don't live here and we explained we're currently looking to find us... View More

Leonard R. Boyer
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answered on Jul 31, 2017

If your question is in NJ, YES they can do that. No one is going to make a phone call, and quite frankly it is hard to believe that you did not receive any legal pleadings. You are lucky the purchasers are willing to rent to you at all. However, you will still need to file a Chapter 7 Bankruptcy... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I live in my house without the CO
Vincent Gallo
Vincent Gallo
answered on Jul 31, 2017

In New York at least there is case law which asserts that occupying a home without a valid C/O teeters on the edge of criminality, so I would strongly recommend against it for many reasons.

1 Answer | Asked in Foreclosure, Collections and Real Estate Law for New Jersey on
Q: assoc filed lien against my property 2547.00 of which 1240.00 for assoc. and 70.00 late fees & 700 fine468 legal

now they are sending a letter to pay them 2100 in legal fees is that reason or can they charge whatever they want.

Derek John Soltis
Derek John Soltis
answered on Jul 26, 2017

What they can charge is based on the bylaws for the HOA and what a court would consider reasonable. You may want to bring a copy of the bylaws and the court paperwork to an attorney for review.

2 Answers | Asked in Real Estate Law and Construction Law for New Jersey on
Q: Do you need a permit to build a deck and take down a wall? Sellers claim no. And they claim the wall isn't load bearing
Vincent Gallo
Vincent Gallo
answered on Jul 24, 2017

Since you rightfully have trepidations, you should retain an architect of your own choosing to give you a written professional opinion as to this question, this way it won't matter what the seller tells you.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is it legal to do real estate wholesale in new jersey?
Leonard R. Boyer
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answered on Jul 15, 2017

Although it is legal, you should have an attorney involved in every part of each and every transaction, including but not limited to setting up the right corporate structures.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hello! We want to shift home into LLC, but bank wont allow. Can we just do regular warranty deed to LLC & not record?

We own a 2 family, and want to protect our liability from tenants. We can't shift to the LLC (or so the bank says), but I have read that we could do a regular warranty deed to the LLC, and simply not record. The asset would be in the LLC, but the bank wouldn't know.. Could this work?

Leonard R. Boyer
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answered on Jul 13, 2017

Not only is what you suggest fraud, it would not be effective and would trigger the bank to involve the due on sale clause of your mortgage. The simplest legal way to protect your 2 family house is with a $2 Million insurance policy covering liability.

1 Answer | Asked in Contracts, Divorce and Real Estate Law for New Jersey on
Q: Recently bought a town house in NJ and my girlfriend wants to move in having something stating I can't ask her to leave.

She is currently married and will be filing for divorce. I purchased the home and also received a first time home buyers grant as well. She wants something to be in writing that I can't ask her to leave and I'm not sure what my options are at this point. I don't know in regards to... View More

Leonard R. Boyer
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answered on Jul 8, 2017

Do not dare do anything like that at all. You need to have a properly drafted prenuptial agreement, once she is divorced. if you are even still together. Tell her that you will not do any such thing and see if she remains your girlfriend.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: cost to remove my name from house deeds
Leonard R. Boyer
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answered on Jul 4, 2017

Your question is too vague be be answered, and it is not necessary possible or wise, if you could do so.

1 Answer | Asked in Criminal Law and Real Estate Law for New Jersey on
Q: My shoplifting misdemeanor has been expunged and was 5 1/2 years ago. Do i have to discuss this before licensure?

I feel as though waiting 5 years and having it expunged should be enough. Interested in real estate license at the moment.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 19, 2017

Much more information would need to be known before an attorney could give you an answer. However let me warn you although ian expungement takes your conviction and arrest off the public records it does not necessarily take it off of newspaper postings internet postings and some governmental... View More

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Q: If my friend buys my house at a sheriff sale can I still live in it.

A paralegal tells me I can not as this would be fraud. That sounds ridiculous to me as anyone can buy at a sheriff sale and how can they dictate who can live in the home thereafter. We are not relayand his name was never on any loans utilities etc

Derek John Soltis
Derek John Soltis
answered on Jun 17, 2017

Any one that wins the house at auction from a sheriff sale becomes the owner of the house as long as they pay the balance owed to the sheriff on the auction. Yes, fraud does happen at sheriff auctions, but without knowing the specifics of your deal with your friend I would not make a blanket... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: will we require to have a lawyer in each county in order to do evictions? Or what areas can a lawyer cover?
Leonard R. Boyer
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answered on Jun 6, 2017

Any NJ attorney can practice in every county in the state. The issue is what is actually cost effective for both you and the attorney.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My dad is sole survivor, 3 siblings owned 15 acres in NJ. Other 2 have passed. Does he own all 15 acres or just his 5?

Other surviving family members trying to force him to sell and have threatened legal action. Not sure if deceased transferred ownership in wills.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 5, 2017

Maybe, or Maybe not, it would depend on how the property was deeded or willed. Have a lawyer review these documents.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: I buying my dad NJ home Do we need a lawyer to do the closing or can I just apply for loan, change deed via cnty clerk?
Vincent Gallo
Vincent Gallo
answered on Jun 1, 2017

If you are fully confident that you can handle all of the legal nuances attendant to the purchase and sale of real estate, including the intricacies involving a mortgage loan, then why bother retaining an attorney.

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