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New Jersey Contracts Questions & Answers
2 Answers | Asked in Construction Law and Contracts for New Jersey on
Q: I had a fire back on September 11. Got a contractor to do the work. The problem is that they never took the permits.

I have a stop work order from the township because the of no permits and since is a 3 family home we need the plans to be draw from a professional architect. I want to get out if the contract and find someone else to do the work. But because the contractor has out we have a contract we need to... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jan 25, 2023

You will need to do what is necessary to obtain a building permit. You may an opportunity to file suit against the first contractor under the for violation of the Consumer Protection Law for home improvements. Speak to an attorney.

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1 Answer | Asked in Contracts for New Jersey on
Q: Agreed Upon Cost is over MSRP. How is it possible ?

I leased a car with MSRP=35310; Down:8000; Monthly: 375*18(month);tax_etc=2107 Residual:29300. After signing the lease I realized that Agreed cost is showing as 40014 which I don't think I agreed. I am feeling like I have been cheated. Is there a way to revert the lease and get my money back ?... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jan 23, 2023

MSRP is merely a suggestion, the dealer can charge any price. Your deal was for a set monthly payment to which you agreed. That monthly payment will not change. Enjoy your new car.

3 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Agreement with client to pay for service provided in 30 days. Payment not yet received.

Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.

There is written agreement between both parties. Agreement states that it will govern and... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 22, 2023

This is not something that can be answered without a document review. That is also the same reason a price for what it will cost cannot be provided. However, this will probably exceed the time and work that most attorneys will offer in a free consultation. So you should expect to pay for about an... Read more »

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1 Answer | Asked in Contracts and Energy, Oil and Gas for New Jersey on
Q: Cancelled a contract with a third party company, I’d like to know if the cancellation documents I got are sufficient.

For context, I accidentally signed a contract with a third party energy supplier. I was able to cancel the contract right away and I confirmed with the company that my account is closed. After my request to cancel the contract, I was able to receive a cancellation number and a notice of... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jan 20, 2023

Without reviewing the initial agreement specifically whether there is included the procedure for cancelling, it would appear that the information you provided would support that you proceeded promptly and diligently in cancelling the contract.

1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: Agreement with client to pay for service provided in 30 days. Payment not yet received.

Payment is referral fee for candidate. Guarantee period is also over. Candidate and client agreed on remote, relocation plan. But now client is holding our payment as candidate has not yet relocated.

There is written agreement between both parties. Agreement states that it will governed and... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jan 20, 2023

The question as posed omits much important information. This includes whether or not there was a written agreement, whether or not one party is a licensed professional, whether or not the agreement was negotiated in NJ, and other issues that may become relevant.

2 Answers | Asked in Business Law and Contracts for New Jersey on
Q: Can a client tell you not to do work after he signed a contract?
Morris Leo Greb
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Morris Leo Greb
answered on Jan 11, 2023

Yes, provided there is no noncancellation clause in the contract. However, the client will be responsible to pay for work done to date you received the cancellation notice which should be in writing . Additionally the client shall be responsible for reimbursement for actual expenses incurred.

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3 Answers | Asked in Arbitration / Mediation Law, Consumer Law, Small Claims and Contracts for New Jersey on
Q: Can a plumber or electrician violate the New Jersey Consumer Fraud Act ("NJCFA")?

Or is the NJCFA only applicable to home improvement contractors such as general contractors?

Leonard R. Boyer
Leonard R. Boyer
answered on Dec 26, 2022

Yes, the New Jersey Consumer Fraud Act, which provides for triple damages plus attorneys fees has a very broad reach and can even be applied to businesses as well as people. Not only can plumbers and electricians be held in violation of the NJ Consumer Fraud Act, but also the New Jersey Home... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for New Jersey on
Q: How do I file a counter claim in Monmouth County NJ in small claims court? I'm unable to locate the correct form.

I'm a defendant in a small claims case (New Jersey - $3,000) with a plumber. I want to file a counter claim contesting the original issue, but also file a claim for separate issues for a higher $$ value of approximately $6,000. These additional issues include violations to the New Jersey... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Dec 26, 2022

It would be a better practice if you retained the services of an attorney. If you were to be successful in your counterclaim for consumer fraud violation, you will awarded attorney's fees.

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Formation for New Jersey on
Q: what is the new jersey equivalent to CA Civ Code § 3412 (2020) (cancellation of instruments)
Leonard R. Boyer
Leonard R. Boyer
answered on Dec 21, 2022

Unless an attorney is licensed in both CA and NJ they cannot provide you with a meaningful answer.

1 Answer | Asked in Contracts for New Jersey on
Q: in NJ does a POA signature need to be notarized to make POA legal? Give me caselaw please.
Morris Leo Greb
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Morris Leo Greb
answered on Dec 17, 2022

The research to respond to your query can be accomplished on line using Justia.com or other web based search engines.

2 Answers | Asked in Contracts for New Jersey on
Q: Will my deposit be returned if the contract for the purchase of a used boat is cancelled by phone in less than 24 hours?
Morris Leo Greb
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Morris Leo Greb
answered on Dec 12, 2022

Wether and when your deposit will be returned depends on the terms of the contract of sale.

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2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 30, 2022

You need to retain an experienced civil litigation attorney, who has substantial experience handling home improvement contractor cases that violate both the New Jersey Home Improvement Contractor Act and The New Jersey Consumer Fraud Act. Although you would at all times be responsible for your own... Read more »

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3 Answers | Asked in Contracts for New Jersey on
Q: How can a signature on a contract for a corporation be ambiguous?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 28, 2022

Easily lets give one example, the signature is not clear or some just signed an X. Many reasons could exist.

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1 Answer | Asked in Contracts for New Jersey on
Q: Can I sue if a house I was to buy with closing date was cancelled due to one party injuring themselves.

I was set to buy a house in NJ. The couple were getting a divorce and they accepted everything. We had a closing date but husband left state 2 weeks prior and did not sign final paper work. He got in an accident and has brain damage. Wife cancelled agreement to purchase. She had given permission... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 3, 2022

One needs to be competent to sign a legal document. You did not describe the extent of the injury. An action to appoint a guardian would be required if the injury made it impossible for the seller to be deemed unable to understand the nature or terms of the documents to be signed in order to... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New Jersey on
Q: Landlord Tenant dispute, Landlord enters back of property without permission, has also failed to repair property

I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.

Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 28, 2022

Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »

1 Answer | Asked in Real Estate Law and Contracts for New Jersey on
Q: Dvlp contracted my house cash as-is. 5 mo later ( buyer delays), just sent email, no financing, can i keep deposit?

Cost us over $100,000, continued property tax and maintenance and change of market due to rising interest rates. Kept telling us town issues, NOT, other issues, not ours. Talking about finally closing in a week , then Monday got a text saying the deal was over as he couldn’t get financing. It... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 20, 2022

Yes, but I suggest you write to contract purchaser that you are declaring that the buyer has violated the terms of the contract. Further, you are keeping the deposit in satisfaction of the losses you have suffered by buyers' failure to perform.

1 Answer | Asked in Employment Law and Contracts for New Jersey on
Q: How can I get out of a 72,000 expense reimbursement contract from my employer?

My employer detailed a $6,000 a month x 12 month training cost that required 24 months of work upon completion of the program otherwise repayment for the uncompleted months. Research shows the training program used did not cost 72k and my training did not last 12 months, only the “orientation... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

More information is needed here - you should contact a New Jersey contract attorney to discuss your situation in greater detail. Repayment terms are generally enforceable to the extent they fairly approximate the value of what your employer paid for. However, the longer you've worked with the... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Bankruptcy for New Jersey on
Q: I’m from NJ and am being taken to court for an old debt for rent. I was young at the time and unaware of what a co-signe

I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 10, 2022

As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,

1 Answer | Asked in Contracts for New Jersey on
Q: Have been playing for church for 12 yrs as pianist for 4 Choirs. Asked to apply for title of Minister of Music

After the death of the first one. I applied and the title it was later put on hold. It’s been over 3 yrs. There is a new pastor and now I’ve been asked again to give a resume for this title but they already have it, do I need to do it again, and why do I have to apply, I’ve been playing as... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 7, 2022

Submit a new resume. Show that you are a "team player."

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Is your employer obligated to pay you additional money outlined in a union contract on top of prevailing wage in NJ

One of our collective bargaining agreements includes an addition $[1.50 per hour if certain equipment is utilized. However our employer told me that because I’m already making prevailing wage in NJ they don’t need to pay me any additional money. They told me I’m making enough money.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 30, 2022

Generally a CBA sets a minimum payment schedule but does not preclude additional sums to be paid unless there is some sort of provision which for bargained for and include in the CBA.

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