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New Jersey Contracts Questions & Answers
1 Answer | Asked in Car Accidents, Contracts and Insurance Bad Faith for New Jersey on
Q: I bought a used car with Gap insurance included in contract from Demaio Holdings 1, and a day later, was totaled

The dealership will not provide me with info on who to file a gap coverage claim with. The car was paid off by my insurance company but for $2k.

Morris Leo Greb
Morris Leo Greb answered on Apr 8, 2021

Retain an attorney to represent you both with demanding documentation, proof that dealer forwarded premium to the carrier, and to determine whether dealer is an unlicensed vendor of insurance.

3 Answers | Asked in Contracts for New Jersey on
Q: Can I try to repudiate a contract that I signed when I was 18. I did not understand the significance of the decision.

I’m in a program at my university for teaching. When I was 18, they gave me a scholarship and told me that if I finished my degree and taught for two years, I wouldn’t need to pay them back. Now, I’m in my last year and no longer love teaching. I dislike that I did not understand how... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 7, 2021

One can always attempt to change the terms of a contract by mutual agreement. If the other side doesn't agree, one remains bound by the terms. The aggrieved party has the right to take whatever legal steps available to seek enforce or to recover damages or to forego taking any action.

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1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Hello, its been two months. How do I get the seller to sign our request to cancel/void the real estate contract?

The seller failed to meet the request for repairs or reply within the inspection period. VA requires a specific timeframe to process before appraisal. The seller never replied or responded to any calls or emails. The closing date in our contract has since passed. The contract stipulates to complete... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 3, 2021

This is a very complex issue when both sides to a contract can not agree to the proper disbursement of the deposit paid. I would like to believe that the deposit is in the trust account of an attorney. It may well be that litigation will ensue to make a final determination Since the attorney that... Read more »

1 Answer | Asked in Contracts, Copyright, Patents (Intellectual Property) and Trademark for New Jersey on
Q: I have a pillow Design that describes similar to the "neck pillow "but my description and purpose are slightly different

Do I require a patent, and or would I' be infringing on neck pillow patent. & can my design and purpose be protected as an IP 2B sold or licensed out?

Peter D. Mlynek
Peter D. Mlynek answered on Feb 15, 2021

Whether you infringe and whether you need a patent are two different subjects.

With regards to infringing of a patent of another product you need to see a patent attorney, who will provide you with a non-infringement opinion. The patent attorney will take a look at your product and at the...
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1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Is insurers use of an auto insurance policy premium derived from an unknown higher premium permitted by law?
Morris Leo Greb
Morris Leo Greb answered on Feb 12, 2021

It will depend on what the original insurance carrier disclosure statements say.

1 Answer | Asked in Business Law and Contracts for New Jersey on
Q: What happens if a shareholder with a noncompete agreement forces to open a direct competition right next to us?

We found out that one of the shareholders was secretly planning to leave the company and start a direct competition literally two blocks away from us. There is a shareholder agreement that everyone signed that has a noncompete clause which prohibits shareholders to be involved in a competition for... Read more »

Morris Leo Greb
Morris Leo Greb answered on Feb 9, 2021

Yes, one always has a right to litigate a valid issue. The question did not state whether any dispute concerning the contract was to be arbitrated instead of litigated. For purposes of my answer, I presumed there was no such provision in the agreement. The issues that a court will look to are... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for New Jersey on
Q: My lease will expire April 15 , I did ask my landlord to stay until June 15 , she can raise 25% rent for 2 months?

My rent now is 1,950

She ask 5k for 2 months and pay up front

April 1. She can do that ?

Who can help me ?

Morris Leo Greb
Morris Leo Greb answered on Feb 8, 2021

Unless there are rent control laws in your municipality, once the lease ends, the Landlord may change the terms of the lease. Your options is either to agree to the rent requested, attempt to negotiate a more reasonable rent, or move out.

3 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Contracts for New Jersey on
Q: Found a property which has been abodoned in New Jersey: placed business logos on the property and have taken furniture.

Last sale listed in 2015, without an owner or realtor agent listing.

Claimed the property on Realtor.com.

What are the next steps I can take toward legal ownership of this property?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 18, 2021

You can't just take furniture from a place because you feel its been abandoned it may not be. That can be a criminal offense. If your trying to get a property by adverse possession be careful as many people end up not getting the property but getting a criminal charge instead for such things... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Municipal Law for New Jersey on
Q: The trade in dealership failed to turn in my plates resulting in my drivers license being suspended

Resulted in my driver's license being suspended, not being able to drive, the new car not being able to be driven, and DMV wanting to fill out forms with process times of 7-10 business days, plus cost of restoration plus daily suspension fees.

Morris Leo Greb
Morris Leo Greb answered on Jan 14, 2021

You have an excellent cause of action to file a civil action against the dealership to recover any damages you nhave sustained. Further, you may wish to file a criminal complaint also. However, when demanding payment for damages do not threaten filing a criminal complaint if the dealership refuses... Read more »

1 Answer | Asked in Contracts, Employment Law and Immigration Law for New Jersey on
Q: Is the below ask for damages for valid for H1B person. It was signed when I was in my country

State of New Jersey Jurisdiction. The Employee acknowledges the time, efforts and resources the Company has and agrees to expend in Jurisdiction Employee. Employee understands that the Company is depending on the Employee to work on in-house or various Company projects and that the Company will... Read more »

Nina Frances Juncewicz
Nina Frances Juncewicz answered on Jan 12, 2021

The answer to this question would partly depend on the US state which governs employment and that states common or statutory rules on recouping liquated damages to which the US immigration law defers.

This is meant to set you on the right track, and not as comprehensive legal advise.

1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: A corrupt third-party ticket company refuses to give me a refund for a canceled concert

My concert was initially postponed, then canceled several months later. During a dispute with my credit card company (goods/services not received), the third-party ticket company sent me documents/evidence that assured me that I would get a full refund if the concert got canceled. (By the way, this... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 5, 2021

You may file a complaint against the company if it was doing business in your state. Each state has different jurisdictional limits as to which court you file a complaint. Call your county court and speak to he administator's office to determine in which to file the complaint and the fees... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: I’m 64. Family of 5 asked to stay 1 yr @$600/mo. fall 2019. Wont leave 2 yrs later lost my job. They claim c19 law

Met them at Food Bank where I volunteer. Have month to month contract. Told them 1 year only and retiring at 64. That was fall 2018 In Oct 2019 I extended it thru June 2020 to keep their son in school. They had 3 kids then. Today, January 2021, I Need to sell my 2 bedroom condo as I’m out of... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 4, 2021

Hello,

If they are destroying the property, you can evict them for that. There are still ways for landlords to evict; non-payment of rent is not one of them though. You should also look into the federal rental assistance that is coming. It is first come first serve, and with...
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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.

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