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New Jersey Contracts Questions & Answers
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 it... Read more »

Leonard R. Boyer
Leonard R. Boyer 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, which... Read 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... Read 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 Esq.
H. Scott Aalsberg Esq. 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 gonna... Read 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... Read 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... Read 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... Read 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
Leonard R. Boyer 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 take... Read 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 Esq.
H. Scott Aalsberg Esq. answered on Jun 1, 2019

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

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1 Answer | Asked in Contracts and Civil Litigation for New Jersey on
Q: How do I answer a subpoena that is mistakenly sent to me (ie somebody with same name but different address)?

I have received a subpoena as a defendant (along with a business and several of the business' owners) for something I have no association with. The subpoena statues that I need to answer the complaint and pay the court $175 fee. If I don't answer, I may be automatically found guilty. I am... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 31, 2019

Pay what filing fee? If you are truly not the person named in the subpoena why not get a Forever stamp and envelope and send it to the name of the lawyer who had you served with it. No need to write a note, now try to tell the lawyer why he is receiving his subpoena in the mail. Be sure you are not... Read more »

2 Answers | Asked in Contracts for New Jersey on
Q: What’s the cost for an attorney letter to get out of a contract while in attorney review to accept an offer higher
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 2, 2019

Every Attorney charges differently, but expect to pay at least for 1 hours to two hours worth of attorney time,

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2 Answers | Asked in Contracts for New Jersey on
Q: Dealer wants me to return to dealer to make a new contract with higher interest rate? Legal? Approved and home.

Bought motorcycle 5-1-19, signed and agreed to everything then drive home. Dealer calls wanting me to return to change my rate from 11 to 15.4 due to an employee error. Dealer had 3 hours to go over paperwork with me and verify everything was correct prior to leaving. They are calling and sending... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 2, 2019

Obviously a lawyer would need to read the contract to advise you if this is allowed, but many contracts state that the financing is subject to final lender approval.

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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Probate for New Jersey on
Q: In Yesterday's Publication in regards to Wis.Stat. sec. 893.80{1}d , It is the reason that the defendants were dismissed

My Case No. 17-CV-106 in Rusk County used the same defense against my estate to get dismissed from the action . My case is on CCAP and I would like to know how it relates to Judge Andersons reasoning and Oral decision . Please call me at 860-460-7399 . Thank you , Hugh F. McCaffery , Jr.

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

If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles their issue it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced successful... Read more »

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Mom had apt at a retirement home, we get 90% of cost when it sells. Any laws for how long we have to wait for sale?

Our mother died in 2017 and we would like to close her estate and are wondering how long the retirement community can keep the apartment unsold. If there are any laws regulating this.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

All of your questions should be answered in the original purchase documents controlling all the terms of ownership, maintenance, assessments and all other terms and conditions. Why not hire a lawyer to review everything and help you convince the owners of the retirement community to speed up their... Read more »

1 Answer | Asked in Estate Planning, Family Law and Contracts for New Jersey on
Q: If an ex spouse was awarded 50% of a pension in divorce does her portion pass to her estate upon her death. I live in NJ

I am the only child born to my parents marriage which ended after 25 yrs. The entirety of that time my father worked at, and paid into a company offered pension fund, which my mother was awarded 50% of in the divorce decree. (QDRO) obtained. She predeceased my father, who to my knowledge started... Read more »

Noel Rivers
Noel Rivers answered on Apr 15, 2019

Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.

3 Answers | Asked in Contracts and Education Law for New Jersey on
Q: How can I get released from an online school contract in NJ?

I signed a contract with an online school unbeknownst to me that I only had 72 hours to cancel the contract.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Unless you hire a good lawyer who will read the fine lines of the entire contract you may be stuck with either having to complete the course and pay for it, or renege on the contract and possibly still have to pay for the course never taken.

Investing a few hundred dollars to have an...
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