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New Jersey Contracts Questions & Answers
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.

1 Answer | Asked in Consumer Law, Contracts and Family Law for New Jersey on
Q: If I'm 15 years old and I buy my own phone with my money from my job is my mom legally allowed to take it from me?

I want to buy my own phone or lease one. But my mom says I can't, even though I have my own money. Is there any way that I can still buy my phone without her consent?

Richard Diamond
Richard Diamond answered on Jun 2, 2020

Im glad to hear that you are working and earning your own money. Its a good start. Now, lets address the issue as to why mom wants "control" of your phone. Parents for the past 1,000 years have struggled with how to get their children to study, do well in school and go to sleep at a... Read more »

1 Answer | Asked in Contracts and Civil Litigation for New Jersey on
Q: If I gave my partner a gift letter for 35,000.00 and I'm on the deed, what happens when we sell the house?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 25, 2020

An attorney would need to review the letter to properly answer your question.

2 Answers | Asked in Contracts and Family Law for New Jersey on
Q: Can I make a legally binding agreement with my husband?

I want to separate from my husband. We have two kids, I don't work, and I would like to keep the kids. My husband has told me he would provide for me my rent, and a weekly amount of money, since I don't work and I need to take care of both kids.

Can we make a legal agreement... Read more »

Richard Diamond
Richard Diamond answered on May 22, 2020

My sense is that you are trying to figure out how to tiptoe through emotionally difficult terrain, fearful that if you push too hard, your husband will start making demands to share the children and then refusing to give you money for yourself and your children. You are the perfect person to sit... Read more »

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1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: How long does a contractor have to refund a deposit on a contract cancelled within the 3-day right of rescission?

Home improvement contract. I cancelled two days after signing (within the 3 day period). Contractor already cashed my check. How long do they have to refund me my money?

Leonard R. Boyer
Leonard R. Boyer answered on May 17, 2020

The refund should be made promptly, if you provided proper written notice of the cancellation. It is extremely rare for a home improvement contact to be legally valid in the State of New Jersey. You should discuss this situation with an experienced civil litigation attorney. With state-of-the-art... Read more »

2 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Q: A new property management company took over and they want me to sign a lease renewal by the end of this month.

Also want to raise the rent. My original lease is for November 1st and I've been here for almost 3 years so I'm doing month to month. So they want to change it to a year lease again starting June 1st.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 14, 2020

Rental laws vary by township, bring your lease to an attorney to see what your rights are. Some towns allow rent to be raised as much as they want other towns have caps called rent control.

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2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Our 12 m lease expires at the end of July. The lease says 'the tenant must be offered a renewal of this lease unless

there is good reason not, to under applicable law, not less than 90 days from the expiration date. This date is very soon, so I asked the 'Landlord' for the new lease. The lease was signed by the person who had power of attorney for the owner, so they are our landlord. We found out last... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 24, 2020

As a tenant, when property is sold there are only very specific reasons that tenants can be evicted. Since the eviction courts are closed except for emergency matters, the odds of being forced out during a pandemic are approaching 0. If you need legal advice, talk to an attorney.... Read more »

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