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New Jersey Contracts Questions & Answers
Q: Solar company breach of contract for non-maintenance and non-functional panels.
For the past 10 years, the solar panels installed on my roof have not been maintained nor have they been functioning correctly. The contract with the solar company includes maintenance responsibilities, and I have made several attempts to contact them about this issue. What legal actions can I take... View More 
Leonard R. Boyer
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answered on Sep 16, 2025
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answered on Sep 16, 2025
You need to retain an experienced civil litigation attorney who has handled a significant number of these cases. I have NEVER seen any Home Improvement Contract that does not violate the New Jersey Home Improvement Contractor Act, and therefore it will also violate the New Jersey Statute of Frauds,... View More
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Business Law, Contracts, Civil Litigation and Real Estate Law
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Q: Bought dad's house legally, now he claims not in right mind and wants more money. Options?
I recently bought my dad’s house, which was appraised at $520k, through a gift of equity; the transaction was completed legally without a down payment involved. I took out a $362k loan to pay off his mortgage and have additional funds for renovations. My dad signed all necessary documents, and... View More
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Zachary Whelan
answered on Sep 13, 2025
answered on Sep 13, 2025
In New Jersey, both parties of a contract need capacity to enter into the contract. Here, your father signed all the documentation and the transaction was finalized, so he would have to file a lawsuit in chancery court to void the contract. He has the burden of proving whether he lacked capacity to... View More
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Civil Litigation, Landlord - Tenant, Contracts and Real Estate Law
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New Jersey
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Q: Renter damaged beach house door, suing for withheld deposit. Lease not followed. How to defend?
I own a beach house that is rented out short-term. One of the recent renters damaged a door, claiming it was faulty and trapped a family member. However, the lease agreement specifies renters must report any issues immediately to the leasing agent or us, which they did not do. Previous renters have... View More
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Zachary Whelan
answered on Sep 10, 2025
answered on Sep 10, 2025
Hello! If the beach house is located in New Jersey and qualifies as a seasonal or short-term rental (typically occupance for less than 125 days), it is not subject to the Security Deposit Act. See NJSA 46:8-19. In addition, seasonal or short-term rentals are not subject to the Anti-Eviction Act.... View More
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Divorce, Probate, Appeals / Appellate Law, Civil Litigation, Contracts and Family Law
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New Jersey
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Q: How to nullify a consent agreement in a re-opened divorce case as executor?
I am facing a complex situation where I was brought into a re-opened divorce financial case in 2018 as the executor of an estate. I am the plaintiff's son but was never formally substituted into the case, nor did I receive proper legal advice about my role as executor. During negotiations,... View More
Richard Diamond
answered on Aug 26, 2025
answered on Aug 26, 2025
If I understand the setting correctly,
*your parent passed away
*you were the executor of the estate.
* as executor, you participated in the sale of a piece of real estate on behalf of your parent
* as part of the sale of that piece of real estate, you signed... View More
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Civil Litigation, Contracts, Real Estate Law and Personal Injury
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New Jersey
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Q: Family member scams sister out of $140,000 for house purchase, makes her tenant.
My sister trusted a family member, who is a city worker, and gave them $140,000 to buy a house. Instead of buying it for her, the family member purchased the house in their name and made my sister a tenant, with three fraudulent leases involved. There was a verbal agreement, and she has receipts... View More
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Anthony M. Avery
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answered on Aug 18, 2025
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answered on Aug 18, 2025
Sister must hire a competent NJ attorney now. There are probably multiple causes of actions, but Declaring a Resulting Trust and setting aside the fraudulent conveyance will be paramount. The title needs to be searched, and possible a Notice Lis Pendens filed. Time is of the essence. If... View More
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Construction Law, Contracts, Civil Litigation and Real Estate Law
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New Jersey
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Q: How can I terminate a contract due to unpermitted work and threats in Oldbridge, NJ?
In Oldbridge Township, a contractor demolished my stoop and driveway without the necessary permits and proceeded to demand sums of $5,000 and $15,000 while threatening to report nonexistent damages to my home for additional work. I reported his actions to the township, which led to the work being... View More
Leonard R. Boyer
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answered on Jul 28, 2025
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answered on Jul 28, 2025
You report the threats to the police and you can send a certified letter, return, receipt requested telling the contractor their services are no longer needed. Then you need to retain an experienced civil litigation attorney who has substantial experienced in successfully handling this type of... View More
Q: Is it legal for my son's underage girlfriend to move in with us in NJ?
My almost 18-year-old son wants his 16 (almost 17)-year-old girlfriend to move into our home. Her single mother seems eager for her daughter to leave due to manipulative behavior. The girlfriend is graduating high school a year early and lacks financial means. I only have guardianship over my son.... View More
Leonard R. Boyer
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answered on May 30, 2025
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answered on May 30, 2025
All you need to do is deny her permission. You are going to have take a strong stand with your son and eliminate his presence from your home. If necessary consult with a landlord-tenant attorney, who also has a background in material law. Good luck.
Q: Is it legal for my son's underage girlfriend to move in with us in NJ?
My almost 18-year-old son wants his 16 (almost 17)-year-old girlfriend to move into our home. Her single mother seems eager for her daughter to leave due to manipulative behavior. The girlfriend is graduating high school a year early and lacks financial means. I only have guardianship over my son.... View More
Richard Diamond
answered on May 29, 2025
answered on May 29, 2025
Legal?
As an adult, its your house and you have the right to make the rules AND if your son and his girlfriend don't want to comply with your rules, you have the right to tell them its time for them to leave and start their lives anew elsewhere...... but that's the point... View More
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Estate Planning, Contracts, Banking, Civil Litigation, Gov & Administrative Law and Intellectual Property
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New Jersey
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Q: Seeking closure of legal holdings & funds with Power of Attorney dispute in NJ.
I am seeking full legal closure of my legal holdings and funds within the United States, which include deeds, trusts, estates, and bank holdings. I face a Power of Attorney dispute, which was created in Newark, New Jersey, New York, and it might be used fraudulently against my holdings. Many U.S.... View More
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Anthony M. Avery
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answered on May 21, 2025
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answered on May 21, 2025
You need to revoke that power of attorney. Make several original duplicates of the revocation and record them in any appropriate NJ and NY Counties. Also send copies of the revocation to any relevant brokerage houses or other businesses that handle your properties. This revocation should have... View More
Q: Do I have to return a car deposit after 4 months delay?
I received a deposit for a car with an arrangement for the buyer to provide the balance within two weeks. However, the buyer only returned four months later. Am I required by law to return the deposit now?
Tim Akpinar
answered on May 28, 2025
answered on May 28, 2025
Attorneys who regularly handle vehicle sales transactions could advise best, in terms of all applicable laws and customary practices. But you posted in the beginning of the month. In basic contract law elements, the terms of the agreement appear to be on your side. However, if push came to shove... View More
Q: Will a notarized letter protect me from child support for sperm donation in NJ?
I am considering donating sperm to a friend in New Jersey without going through a licensed physician. We plan to have a notarized letter stating my lack of parental rights and responsibilities to avoid any future child support claims. I have no intention of being involved in the child's life.... View More
Richard Diamond
answered on May 9, 2025
answered on May 9, 2025
I think the couple seeking the sperm donation are making a mistake, and for whatever money they save by not complying with the statute, it's not worth the risk.
I would also suggest that the statute does not require a medical specialist to handle the insemination procedure in a... View More
Q: Disagreement with marriage settlement agreement and withdrawal for legal fees.
My husband wants a divorce through a marriage settlement agreement (MSA) that I disagree with. The MSA is in a rough draft and hasn't been officially served through the court system. I am currently allowed to withdraw from a deferred compensation for legal fees, which he seems to be targeting... View More
Richard Diamond
answered on May 1, 2025
answered on May 1, 2025
To hire counsel, your husband paid a retainer. Presumably, he took the money to hire counsel from an account in which he has an interest (unless he borrowed the money from someone). For you to hire counsel, you will also need to pay a retainer and presumably, you will need to take money from an... View More
Q: Can I request removal and reimbursement for a delayed solar panel project?
I started a solar panel project almost two years ago, and the system was supposed to be operational by January 2024. However, the original company filed for bankruptcy, and my project stopped. A new company took over and began working to complete it, but they have not yet finalized the necessary... View More
Leonard R. Boyer
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answered on Apr 24, 2025
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answered on Apr 24, 2025
You need to retain an experienced civil litigation attorney. I have successfully handled a significant number of these cases. The typical situation is that one company sells the solar panels and a different company installs them. Realistically the average Defendant Solar panel company that sells... View More
Q: Dealership holding car registration due to disputed fees in NJ.
I live in New Hampshire, where there's no sales tax on cars. I purchased a car in New Jersey, and it's financed. My purchase agreement showed charges of $399 for the doc fee and $400 for the registration fee at the time of purchase. It's been almost a month and a half, and the... View More
Melissa Totaro
answered on Apr 14, 2025
answered on Apr 14, 2025
If you have attempted to work this out with the dealer and have come to suspect that the dealer is holding your plates and registration as a means to extract fees it is not entitled to, you should provide copies of all of your paperwork to a New Jersey attorney who practices Consumer Law. If the... View More
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Business Law, Contracts, International Law and Employment Law
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Q: Lawsuit against me and LLC in NJ over alleged competition while employed abroad. Impact of non-compete?
I have received a lawsuit against me and my partnership LLC in New Jersey. The lawsuit involves my previous employment with a company registered in New Jersey, while I was physically working in a subsidiary in a foreign country. The accusations are related to damage to business and engaging in a... View More
H. Scott Aalsberg
answered on Apr 1, 2025
answered on Apr 1, 2025
A lawyer would need to review the documents before giving you an specific answer, that being said the terms of service here don't allow us anyway to give specific legal advise to your situation. What I will say is if you are in violation of an agreement that you are a party to, the other party... View More
Q: Loaned $3,000, not repaid as agreed, considering suing.
On 1/24/25, I loaned a friend $3,000 with an agreement via text that it would be paid back in 3 weeks. The deadline passed without repayment, and despite arranging a discussion later, they didn't respond. On 3/11/25, they promised repayment by 3/12/25, but I have since had no contact. I have... View More
Leonard R. Boyer
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answered on Mar 23, 2025
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answered on Mar 23, 2025
It is not going to be cost effective for you to retain an experienced civil litigation to represent you in small claims court. But you should be aware, the person you loaned money to can easily file for Bankruptcy (depending on that persons over all circumstances). You have to follow the Court... View More
Q: Can a dentist charge me after I cancel a contract with no work done?
I signed a one-page dental contract with a dentist two weeks ago for extensive work costing thousands to repair one tooth, but I've changed my mind about proceeding. The contract had no stipulations, exit, or cancellation terms. I've made no payments so far. Can the dentist require me to... View More
H. Scott Aalsberg
answered on Mar 16, 2025
answered on Mar 16, 2025
An attorney would need to review the contract to tell you what your rights are, so the answer is maybe. If its a lot of money have a lawyer review the contract and get the proper answer before you pay. Sure a lawyer will charge you but it is probably a lot less than what the dentist is probably... View More
Q: Charges for toll violation and altered plate when not driving in NJ
I am the registered owner of a vehicle that crossed a toll with an altered license plate. I was not driving the car that day, and I do not have evidence to prove my absence. I have received official communication and charges related to the incident. I believe the license plate was altered without... View More
H. Scott Aalsberg
answered on Mar 16, 2025
answered on Mar 16, 2025
You are responsible for any car registered under your name unless you have reported the car stolen prior to the incident. That being said you may still have a defense. These are serious charges, thus make sure you get a good lawyer that knows the defenses to this charge, or at a minimum a lawyer... View More
Q: Is a car dealer liable for altering contract terms and financial info in NJ?
I agreed to purchase a car for $7,500 and have a signed contract for this amount. However, the base price was increased to $7,999 to include repairs, and my monthly income was nearly doubled in the contract with the financing institution to get the car financed. I've been making payments on... View More
Leonard R. Boyer
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answered on Feb 18, 2025
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answered on Feb 18, 2025
You need to have a consultation with an experienced civil litigation attorney to determine how to best handle this matter. You should expect to pay for 1/2 an hour of attorney time. The dealer (based on your statements has violated the New Jersey Consumer Fraud Act (which entitles you to triple... View More
Q: I currently am in a car loan contract that has a 29.99% APR. In New Jersey that APR is 0.01% away from being illegal.
I believe I was tricked into this loan. I have no copies from the day of signing. I am questioning the legality of this 29.99% APR in NJ.
The day I signed this loan I was in desperate need of a vehicle as I was 18 years old, no credit, I had a job but it showed no income. I also need a... View More
Leonard R. Boyer
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answered on Feb 14, 2025
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answered on Feb 14, 2025
You will need to retain an experienced New Jersey Civil litigation attorney and have an either a secured video consultation or contact the attorney to find out whether the attorney is seeing clients in person or not. The attorney may charge you a consultation fee to review any documents that you... View More
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