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New Jersey Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Divorce and Family Law for New Jersey on
Q: Does a father have up to 1 year to sign baby's Birth Certificate?

I plan to give my son my last name right away and maybe change it down the road, after I see some changes in the father. How would I go about changing my sons name to his down the road? I heard I have up to 1 year to change it without a lawyer but I don't really know New Jersey law on that or... Read more »

Richard Diamond
Richard Diamond answered on Nov 12, 2020

The process is actually quite simple to change the birth certificate.

To start, go to "Correcting a Vital Record in New Jersey" at https://www.nj.gov/health/vital/correcting-vital/#2

If, you are uncertain or unable to find the correct form, you can also call...
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1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: If a month to month lease is over can I tell a tenant to leave during covid in NJ ?
Morris Leo Greb
Morris Leo Greb answered on Oct 27, 2020

You should send the tenant a notice the lease period ends at the end of the next month at least thirty days prior the end of the lease term. For the notice to be effective for November 30th, the tenant should receive notice on or before October 1st. If you wish, you may advise the tenant that the... Read more »

2 Answers | Asked in Contracts, Criminal Law, Elder Law, Estate Planning and Probate for New Jersey on
Q: Lawyer drafted a trust, will and POA document. Less than two years later POA/Trustee is being taken to court by benefici

Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 19, 2020

You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.

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2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for New Jersey on
Q: Can a member of a NJ LLC without an operating agreement authorize the sale of real estate without consent ?

A member (35%) ownership wanted to sell an income producing property. The member gave power of atty to their son who put the property on the market with a licensed real estate agent. The other members each owning 34.5 % each (65% total) were opposed. There wan never a meeting in person or over... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 9, 2020

Without a court order if the other parties disagree this would be improper. The other 2 members should definitely get a lawyer to protect their rights.

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1 Answer | Asked in Contracts for New Jersey on
Q: Vendor was hired to perform work and order customized product to do so by homeowner’s contractor and vendor was paid

Deposit by contractor. Vendor did not do the work, informed contractor he would return refund to him so homeowner hired another vendor. First Vendor later claims deposit is not refundable. Can the contractor sue the homeowner for the deposit? Shouldn’t the vendor just return deposit or... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 8, 2020

No, you need to retain an experienced civil litigation attorney who will file suit against all possible defendants. New Jersey home improvement contractors must follow the New Jersey Home Improvement Regulations, the New Jersey Home Improvement Contractor Registration Regulations and the New Jersey... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: contract eligibility

Hi! I am currently trying to enter the wholesale real estate scene and was wondering if the contracts i have in hand are legally eligible in the state of New York? Thanks!

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2020

Maybe but you need to post your question in the NY Section not the NJ Section to get the right answer

1 Answer | Asked in Contracts, Small Claims and Consumer Law for New Jersey on
Q: Hired contractor to renovate bathroom. Estimate stated “cost does not include glass shower door.” He recommended glass

Co and paid deposit NOT mentioning a non refundable deposit. 7 months and Glass guy did not install and contractor said I can cancel and asked me for the deposit. Glass guy is his sub. Glass guy said he would refund contractor, I have no contract with glass guy. Since refund didn’t happen, now... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2020

Although you listed this as a "Small Claims case", it may (or may not be much more than that). In NJ almost no home improvement contractor's contract ever complies with the contract requirements of the New Jersey Home Improvement Contractor Act, which will almost certainly violate... Read more »

1 Answer | Asked in Contracts for New Jersey on
Q: I need to file the form in nj superior court civil court for substitution of attorney cant locate form
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 5, 2020

You shouldn't need to file the form, its for your new attorney to file it and he/she should have it or can find it in a legal form book.

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Regarding quiet enjoyment of my apartment. I have proof of complaints that a situation was ongoing for a year

I even called the police and have many witnesses who stayed over and several emails to management for a year period about the neighbors stomping and jumping upstairs all hours of the night. They have me in collections for two months rent. Because of their breach of the lease re quiet enjoyment are... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 5, 2020

I am not sure what you mean by the term "in collections". The landlord is not permitted any self help actions. He must file a complaint with the court. If the Landlord is violating the covenant of quiet enjoyment, you still have to meet your obligation to pay the rent. However, you can... Read more »

1 Answer | Asked in Contracts for New Jersey on
Q: what are the things illegal to have someone sign away in contract.
Tim Akpinar
Tim Akpinar answered on Sep 2, 2020

In terms of illegal things, a contract can't be based on performance that is illegal. In terms of things that can't be signed away, it more often comes down to a matter of enforceability in the event of a dispute or breach. Some of the issues that could arise here are constitutionality,... Read more »

2 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Can I cancel my wedding in NJ in 11/2020 under the impossibility clause for a full refund due to COVID?

I signed a contract and have paid. My fiancé is being deployed next year so we cannot reschedule. The venue is making changes to what is in my contract due to COVID restrictions and I want to just cancel and be refunded.

Melissa Totaro
Melissa Totaro answered on Aug 13, 2020

In addition to whatever the terms are in your contract, there are principals of general contract law regarding unforeseeable intervening events, impossibility and frustration of purpose that may apply to your situation. In addition, if the venue refuses to allow you to cancel and return your... Read more »

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2 Answers | Asked in Contracts and Civil Litigation for New Jersey on
Q: Can our wedding venue ignore us and go silent on our refund request?

We canceled our wedding venue weeks ago. They promised to discuss our refund upon their business opening up as they could not issue refunds while being closed. Their business has since been opened and they ignore emails, don't show up for scheduled calls, and have now gone silent. We feel they... Read more »

Melissa Totaro
Melissa Totaro answered on Aug 10, 2020

Based on the information in your question it appears clear that the venue is unwilling to refund your money voluntarily. You should contact an attorney that practices consumer law and provide them with your contract and the facts of your situation. If there is a strong case that the venue is... Read more »

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1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: Where do I start?

I got married back in November, we hired this company to do our video, photography and flowers. The videographer showed up a hour late causing our wedding to pushed back a hour. The videographer told the company he was in a car accident, but it turns out he never was. He was fired. 8 months has... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 22, 2020

This is definitely a breach of contract case. You may even be entitled to triple damages if your lawyer can prove consumer fraud which may allow you to get back the payment you will need to make to hire a good lawyer. Setup an in office consultation with a good lawyer of your choice.

1 Answer | Asked in Contracts for New Jersey on
Q: Florida P.O.A requires two witnesses as well as notarization. Can the process be split. Can the principle, and two

witnesses be notarized in Florida, then have the document finalized by the agent, two witnesses and notary in New Jersey. Will this constitute a legal P.O.A in the state of Florida ? Thank you.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 19, 2020

You should post your question under FLA law so that you get a FLA licensed lawyer to answer your question.

1 Answer | Asked in Contracts for New Jersey on
Q: Hello: I am looking for some advice on crafting a letter for my son to sign, see more information

Hello: I am looking for a letter that I need my son to sign in exchange for $20,000.00. We bought him a house five years ago and he wanted another place and I financed it for him. He wants to stay at the other property but wants 20,000.00. I am willing to give it to him but I want him to sign a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 2, 2020

It would not be called a letter it would be a contract/agreement. Contact a good lawyer to get this done for you.

2 Answers | Asked in Contracts for New Jersey on
Q: Need a letter

Hello: I am looking for a letter that I need my son to sign in exchange for $20,000.00. We bought him a house five years ago and he wanted another place and I financed it for him. He wants to stay at the other property but wants 20,000.00. I am willing to give it to him but I want him to sign a... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 1, 2020

You don't need a letter, but an agreement/signed contract to get what you want.

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1 Answer | Asked in Contracts for New Jersey on
Q: I signed a computer service contract online. Does NJ give me the right to cancel within 5 days?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 28, 2020

The answer depends a lawyer would need to read the contract, but 5 days is a long time to allow for rescission.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for New Jersey on
Q: Why is it illegal to file eviction in NJ without an attorney if you’re an LLC?
Leonard R. Boyer
Leonard R. Boyer answered on Jun 16, 2020

Because the Statutes require all forms of corporate entities to be represented by attorneys in all legal matters.

1 Answer | Asked in Contracts for New Jersey on
Q: My daughter’s wedding of 200 people to be held in NJ is supposed to take place on 9/5. The venue refuses to reschedule.

The room where the wedding is supposed to take place holds 275 people they feel the governor will allow 50% capacity by then which still won’t get us to 200 but they feel they can use the outter rooms to socially distance our guests. Of course that would also limit dancing as dancing would be in... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 15, 2020

You need to start with your contract. The terms will govern. If you definitely want out, you may have to sue. You might call the NJ Governor's office to discuss your options.

1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: Are guaranteed payments permitted without a partnership agreement being in an existent NJ LLC ?
Paul J. Riviere
Paul J. Riviere answered on Jun 15, 2020

GPs should be contained within the Operating Agreement. You also need contingency planning in case GPs become impractical or impossible. Speak with an experienced business attorney to get an agreement that works for your business.

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