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New Jersey Contracts Questions & Answers
2 Answers | Asked in Contracts for New Jersey on
Q: Can we get our deposit back from a contractor who has not started project when promised?

We entered into a large contract for a backyard renovation over a year ago. A start and end date estimate were included in the contract but we are many months beyond those, with no physical work having been started. We know he obtained a survey and hired an architect shortly after the contract... Read more »

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

Yes. Also, fact dependent, you may be able to recover treble damages and legal fees. Speak to an attorney who is familiar with consumer fraud matters.

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1 Answer | Asked in Civil Litigation and Contracts for New Jersey on
Q: Any exception I can use for a small claim I’m abt to file for an online course w/ a no refund policy I purchased ?

Thank you for your time. I purchased 2 online courses earlier this year. 1 in January for 1257.00 the other in March for 750. I fell sick within 2 weeks and I am still recovering to this day. I have prepared limited medical documents since I don’t have health coverage along with an... Read more »

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

The best course of action is to file a small claims complaint demanding the return of the paid tuition. If no settlement is agreed to, the matter will be heard by a judge. The judge will determine whether a refund is warranted. The judge’s decision will decide the issue.

1 Answer | Asked in Contracts for New Jersey on
Q: I agreed to have a neighbor use my parking space. Can I write up a contract asking for rent on this space?

We never discussed a fee. the agreement was December to February.. I was going to present him with a contract before December but I found him parking in my space yesterday. Can I charge him rent for my parking space?

Morris Leo Greb
Morris Leo Greb answered on Oct 26, 2021

You may charge a rental fee commencing on the date the lease agreement is signed. If you discussed a fee to be charged, you may be able to charge a fee based on an oral agreement. If he refuses and continues to park there, you may file a complaint for trespass.

1 Answer | Asked in Contracts, Employment Law, Business Law and Municipal Law for New Jersey on
Q: If a police department hires me and pays for me to attend the police academy (equipment/uniforms/salary included),

and part of that agreement is to sign a contract the day before graduating that says either you stay for 2-years or are responsible for paying back all the training costs (equipment/gear/uniforms/salary). If l quit that department to leave to work at another agency that is also PTC, the new agency... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 24, 2021

Speak to a employment law attorney with experience in this very narrow area of the law.

1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: Can I get my money back if the contractor didn't finish the job and caused more problems than the original situation?

Because of his negligence, the job has to be redone

Morris Leo Greb
Morris Leo Greb answered on Sep 28, 2021

Yes, it is possible to receive your money back and even be awarded treble (ie 3x the amount of damage sustained) damages and attorney's fees. NJ has very strict rules governing home improvement contracts. The best advise is to seek legal advise from someone familiar with home improvement litigation.

4 Answers | Asked in Contracts, Criminal Law and Divorce for New Jersey on
Q: How do I evict my husband if he is doing drugs and stealing from my minor children
Bari Weinberger
Bari Weinberger answered on Sep 23, 2021

Thank you for your question. You cannot "evict" a spouse from the home, however, what he is doing could be deemed "harassment" under the Domestic Violence Statute. You may be able to obtain a restraining order against him. It would be best to have a consultation with an... Read more »

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1 Answer | Asked in Contracts for New Jersey on
Q: If I purchased a car and it has me and my fiance name on it and if we separate he have it in his possession what do I do

How can I go about removing my name

Leonard R. Boyer
Leonard R. Boyer answered on Sep 5, 2021

If the car is registered in PA, then you must consult a PA attorney. New Jersey law only controls the contract, nothing else. Hopefully you were the primary borrower. It is also going to matter how the registration reads. Good luck.

2 Answers | Asked in Contracts, Employment Law and Business Law for New Jersey on
Q: I had an NDA made with a developer. I accidentally had him sign under owner and I signed under recipient, am I the owner

So we had an NDA made where he can’t share make his own or do anything with the software. He did all of the sudden and I issued him a cease and desist. Afterwards he pointed that he was the owner of the agreement and not us, which was a mistake on my end I switched up the roles, but the terms... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 26, 2021

To properly answer your question a lawyer would need to review the entire agreement and any other information regarding your relationship and payments.

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1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New Jersey on
Q: my friend home is in atlanta,GA can our family stay his home legally for address proof. So that my son can go school
Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

You did not define the word 'stay'. If you mea=n reside full time. Then your son is able to attend school in the municipality in which the home is located. You will need to provide the necessary proofs to the Board of Education of the municipality such as written lease, proof of payment... Read more »

1 Answer | Asked in Contracts and Tax Law for New Jersey on
Q: How to source a contract termination payout signed in state 1 but terminated after biz relocated to state 2?

I run a single-person LLC consulting business. My business had a substantial contract recently terminated. I signed the contract in 2020 while working in NJ, and it had a "soft lock" where the customer could break the contract in exchange for material penalty payment.

I moved to... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 21, 2021

No matter where the payment is received, it needs to be reported on your Federal Income Tax return. The implications for State or Commonwealth tax reporting is best answered by an accountant.

1 Answer | Asked in Contracts for New Jersey on
Q: Contract for an "as is" car sale. Dealership charged me less, contract signed, now they want more money.

I put a deposit down for 300 on the car and was told it was 5,500. I signed a receipt that had the totals written down for my deposit.

The following day I showed up to get the paperwork done. They accidentally wrote the contract out for 3,500 instead. I paid in full, both parties signed,... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 20, 2021

By the way you have written it many judges would find that you owe the additional $2K since it was a mistake that you were aware of and failed to discuss it with the dealer. But again we are lawyers and we can only guestimate what a judge will do the decision is always up to the judge.

1 Answer | Asked in Contracts for New Jersey on
Q: Can force majeure be invoked if there is no longer a state of emergency?

I signed a contract for a hotel for my wedding block last June 2020 (height of the pandemic).Wedding is Oct. 2021. The contract that I signed states that with 20 rooms booked, I will get a free shuttle service and if the rooms aren't booked then I can upgrade or receive a discount for one of... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 1, 2021

Yes, I believe you are on very strong grounds for several reasons. Although noted stated in you query, I am basing my response on the assumption that the agreements executed were prepared by the facility. Therefore, if there is a question of interpretation, the court will decide against the drafter... Read more »

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Can bodyshop change terms of payment after work has begun then threaten to not release the vehicle into my possession?

May 20th 2021 I recieved, signed and sent back an authorization to repair form that the bodyshop had sent me. This document listed acceptable payment methods one of which was any "major credit card". Relationahip between bodyshop and I has gone down hill since then and around June 3rd... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jun 19, 2021

I would file suit in New Jersey against the BMW dealer under the Consumer Fraud Act and obtain jurisdiction over the body shop in the New Jersey case, using the long-arm statute and the entire controversy doctrine. However, this type of case can only be taken on a retainer and hourly basis. The New... Read more »

2 Answers | Asked in Contracts for New Jersey on
Q: Can the seller back out of contract after already signing purchase agreements because they got a better offer?

All the papers have been signed, only thing left to do is deposit and inspection. But now they are saying they received a better offer (all cash) and are going to get a lawyer back out of our agreement. But isn't it illegal to go into a new contract with a new buyer as a seller after you are... Read more »

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

The answer requires a review of the contract of sale to what condition precedent there are which required satisfaction.

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2 Answers | Asked in Business Law, Civil Litigation, Contracts and Land Use & Zoning for New Jersey on
Q: What is my legality in a commercial lease building that I’m hosting events/production?

Is it legal for the owner to get in my business?

Leonard R. Boyer
Leonard R. Boyer answered on May 30, 2021

You need to take your lease to an experienced NJ civil litigation and contracts attorney, who can provide you with meaningful advice. You may need special licensing, insurance and permits as well. All this takes time, especially if you have a tight schedule. You did not mention what town you are... Read more »

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1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: I want to break my lease early....and dont have anything in the lease explaining and management is not telling me

Ive called them multiple time and they keep on giving my the run around with who handles the leasing questions. What should I do, everything is over the phone and I do not have a paper trail as they do not answer anything by email

Morris Leo Greb
Morris Leo Greb answered on May 16, 2021

A lease is a contract between the owner of property and the party who wishes to occupy or utilize the premises for the purposes and duration agreed to in the lease. The lease then is a contract. Inherent in every contract is the potential of one party to refuse, for whatever reason, unilaterally to... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Criminal Law for New Jersey on
Q: Can i be sued after removing a photo at the client's request?

I posted a picture of my client, no face, no identifying markers. I thought I had permission based on a text conversation because she did not sign a media release. she asked me to remove it, i did immediately, she wrote me after and said she is suing me (after the photo was removed). Can I still... Read more »

James A. Abate
James A. Abate answered on Apr 29, 2021

More information is needed. But anyone can sue, whether they have a serious claim is another thing.

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 »

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