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New Jersey Contracts Questions & Answers
1 Answer | Asked in Real Estate Law and Contracts for New Jersey on
Q: Dvlp contracted my house cash as-is. 5 mo later ( buyer delays), just sent email, no financing, can i keep deposit?

Cost us over $100,000, continued property tax and maintenance and change of market due to rising interest rates. Kept telling us town issues, NOT, other issues, not ours. Talking about finally closing in a week , then Monday got a text saying the deal was over as he couldn’t get financing. It... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 20, 2022

Yes, but I suggest you write to contract purchaser that you are declaring that the buyer has violated the terms of the contract. Further, you are keeping the deposit in satisfaction of the losses you have suffered by buyers' failure to perform.

1 Answer | Asked in Employment Law and Contracts for New Jersey on
Q: How can I get out of a 72,000 expense reimbursement contract from my employer?

My employer detailed a $6,000 a month x 12 month training cost that required 24 months of work upon completion of the program otherwise repayment for the uncompleted months. Research shows the training program used did not cost 72k and my training did not last 12 months, only the “orientation... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 13, 2022

More information is needed here - you should contact a New Jersey contract attorney to discuss your situation in greater detail. Repayment terms are generally enforceable to the extent they fairly approximate the value of what your employer paid for. However, the longer you've worked with the... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Bankruptcy for New Jersey on
Q: I’m from NJ and am being taken to court for an old debt for rent. I was young at the time and unaware of what a co-signe

I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 10, 2022

As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,

1 Answer | Asked in Contracts, Employment Law and Education Law for New Jersey on
Q: I am a teacher for over 14 years my sick days rolled over and they decided to pay for future sick days and my previous

sick days were not paid. I went to the principal and the board, nothing came out of it. Is there anything I can do about the previous sick days? I worked for a charter school.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 20, 2022

Federal law does not require employers to offer any form of paid time off - you need only be paid for the hours you actually work. Thus, employers have a lot of discretion regarding changes to PTO policies. However, if you have an employment contract with the school, you should see if any language... Read more »

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Do I still have to pay back a signing bonus if the clause does not specially say I need to?

The clause says “In appreciation of your full time

employment, a $10,000 bonus will be paid, with the understanding and agreement that you will work at [business name] for a year. A 1099 will be issued against this payment.” There is no language specifying repayment and I was a W2... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

You should have your full agreement reviewed by a New Jersey contract attorney to determine your rights and obligations under the agreement. There may be other portions of your agreement that alter or change the terms of the clause you listed, so a review that is limited to a specific clause in an... Read more »

5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

You started off saying that you are married. So, the real question is where is your 90% coming from and where is your wife's 10% coming from? If the money is all coming from your employment-related income during the marriage, then it is marital money being used to buy the home and anyone who... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Bari Weinberger
Bari Weinberger
answered on May 31, 2022

Thank you for your inquiry. Generally speaking, any property acquired during the marriage is subject to equitable distribution regardless of the named parties on the title to property. That being said, I suggest scheduling a consult with an attorney to discuss your options in more detail such as a... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 30, 2022

A very easy answer is to form an LLC which would have in its organic document the relative interests of the parties. Then take title in the name of the LLC. This will also shield the identity of the owners. This is a common technique technique. The name of the LLC could simply be the street... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2022

New Jersey is an equitable distribution state. You can seek to obtain an experienced matrimonial attorney to prepare a post nuptial agreement that embodies the terms you mentioned. You should also consider the alternatives, which include taking a mortgage and putting down an equal amount or do not... Read more »

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5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 29, 2022

Attorney Boyer is right. A Postnuptial agreement however is only enforceable provided it is fair at the time they are made and fair at the time that they are sought to be enforced. The deed really wont help you. Make sure both of you have your own lawyer.

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1 Answer | Asked in Contracts and Energy, Oil and Gas for New Jersey on
Q: Can we sue our solar panel installer for a system that is not working?

We bought solar panels about 2 years ago. Everything has been working fine. We realized about 3 months ago that the system was not working. When we called the solar company (the installer), they said they were aware of it (they never told us), and were waiting for a part for the inverter. They also... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 21, 2022

Whether you can sue or must go the arbitration depends on the Agreement you signed. The agreement may include a mandatory arbitration provision and waiver of trial. So a careful reading of your agreement is required. In any event you may proceed to file a claim in any forum that is consistent with... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: The buyer’s attorney has not released the escrow of $10,000.00 paid by Seller. The closing was Dec. 15, 2021. T

The mandatory water test passed, yet buyer’s attorney demands that seller, me, pay for installation of water treatment system. I advised the attorney that the installation of the system is buyer’s responsibility, yet attorney has still not released the escrow funds back to SELLER. What do I... Read more »

Aida Izgelova
Aida Izgelova
answered on May 15, 2022

Your contract to purchase the property should include language regarding the means for resolving escrow account disputes. Also, if the attorney provided an escrow agreement when you deposited the money, that agreement should also specify the means for resolving disputes.

2 Answers | Asked in Consumer Law, Contracts and Small Claims for New Jersey on
Q: Can I file a smalls claims suit in NJ even if the home warranty contract contains an arbitration clause?

15. Arbitration. Any disputes resulting from this Agreement or any dispute resulting to Select's home service contract service

shall be construed and enforced under the laws of the State of New Jersey. You hereby submit to the jurisdiction of the courts

of New Jersey and waive... Read more »

William N. Sosis
William N. Sosis
answered on May 6, 2022

Arbitration clauses are matters of contract. In your case it's a "Home Warranty Contract". If the conduct of the party wanting to enforce the arbitration clause against you amounts to a material breach, then the court won't enforce the arbitration clause. A good remedy for a... Read more »

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1 Answer | Asked in Contracts, Business Law, Intellectual Property and Trademark for New Jersey on
Q: I am a wellness consulting company and I would like to know what are the basic terms outlined in a business contract?

I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!

Robert Kost
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Robert Kost
answered on May 2, 2022

You can begin to understand the basic components of a contract here:

https://www.contractstandards.com/public#contracts

Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and...
Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Contracts for New Jersey on
Q: My car was hit by a stolen vehicle. Even though she left key in car, her insurance denied claim.

I own a rental car company. I rented a vehicle to a customer, she had no insurance and took my collision damage waiver, the vehicle was hit by a BMW loaner vehicle that was stolen from customer after she left the key in the car at her house. Her insurance company is covering 50% of the damage to... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jun 1, 2023

It will depend on the language of the release you signed when receiving partial payment. If not prevented by the terms of the release, you may sue the customer.

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Am I required to pay off remainder of balance if I put a holding deposit on a used car and signed bill of sale?

I found a car I thought I liked at a used car lot, so I put a deposit on it with the intention of coming back the next day. When I got there I noticed some pretty bad frame rust that wasn’t mentioned in the listing online. I no longer want the car, however when I put the deposit down the dealer... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 28, 2023

Demand a refund of your deposit. If not returned, contact the State of NJ Consumer Fraud Division.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for New Jersey on
Q: Is it possible to sue former employer for lost wages after he refuses to complete paperwork to get my plumbing license?

He paid for my school and agreed verbally to sponsor me to get my plumbing license. Seven years later he’s refusing to fill out the apprenticeship certification for me. Is it possible to sue for lost wages for what I would have been making as a licensed master plumber?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

There is an insufficient factual basis to answer your question. Without knowing the reasons why he will not fill out the apprenticeship certification it is impossible to answer your question. You are probably going to require a consultation with an experienced attorney to determine what options you... Read more »

1 Answer | Asked in Contracts, Family Law, Business Law and Civil Rights for New Jersey on
Q: Hello I live in New Jersey and my fiancée decided we should cancel our wedding venue as the wedding was set for 10/21/23

We cancelled while still health emergency on 12/31/22 but venue states they will Sue us if not able to rebook and they of course kept our 5000 deposit. What should I expect or am I able to get out of this? I also do not have a copy of any signed contract only deposit copy and an email from venue

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on May 1, 2023

The best option is to retain an attorney experienced in contract law.

1 Answer | Asked in Contracts and Business Law for New Jersey on
Q: How to keep everything legal with starting a YouTube channel

Me and three friends want to start a YouTube channel and I have quite a bit of success on social media on my own so if this channel takes off and goes well all four of us want ownership. I basically don’t want one party to takeoff with the channel and leave us all behind how do I make a contract... Read more »

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

In order to accomplish what you are seeking, my firm provides all the services that you need. We set up the correct corporate entities that will protect your business from legal problems and contracts. In order to protect your business from being "stolen" from you, your intellectual... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Upon signing the lease the landlord knew we were getting VA rental assistance, he agreed to let us move in. And wait.

Then he was non compliant with the assistance requests and was not only marked as ineligible for further funding, we were approved but he is the reason he is not getting paid, so he filed eviction stating that agreement was not in the lease but there is a whole paper trail in emails of his... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Mar 18, 2023

There is no self help in NJ by Landlords for residential property. So in order to evict you, he must comply strictly to the statutory requirements for eviction. If he does so, you will be able to present your side of the story to the Judge.

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