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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for New Jersey on
Q: Can I sue my neighbor's to pay for half of a privacy fence ?

For two years we have asked our neighbor to please control his growth and anytime we did he said that we can cut back anything on our side . They had friends in the township zoning office wrote a fraudulent letter for them which I had corrected by the township manager . They told us in a letter... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 12, 2020

As always my responses are based upon the application of NJ law. The answer may not be in accordance with the laws of the other 49 States. My second of my always responses is that anyone can sue anyone, the real question is whether a party as plaintiff (the one who sues) will prevail. The question... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My dad & I live in the US & I want to buy his land in PR. Is a contract drawn up in the US valid? He has a clear deed.
Morris Leo Greb
Morris Leo Greb answered on Aug 10, 2020

Firstly, Puerto Rico is a territory of the US. A contract which complies with the laws of the State in which it is signed valid and enforceable.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: can association limit the time of move-in/out in a building to 9-5?

our tenant moved to one of our unit in a condo building in North Bergen NJ. the move took place on a Friday and got extended to 9pm. The association has the house rules restricting move-in/out to Mon-Sat 9-5pm

our questions are

1. can they restrict the days and hours of move-ins?... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 6, 2020

Depends on the organic documents and by-laws of the association. Without reviewing those documents a reasonable analysis is not available.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: If my Seller doesn't meet my concessions after the home inspection, can I walk away from buying the house

Seller does not want to meet the concessions I have asked for after home inspection of the house I want buy. Can I walk away from this house and get my Good Faith Escrow money back? The Seller says if I try to walk away he will sue me? Can he? And why?

Morris Leo Greb
Morris Leo Greb answered on Aug 6, 2020

My answer is limited to an analysis of NJ law only. The answer to the question can the Seller sue is yes. The real question question is whether the Seller can win. Anybody can sue anybody, the issue is whether the threat of suit when analyzed from the Buyer's position shows that foregoing the... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Tenant wants to pay only half month of tent because he is moving out in the middle of month. Is this allowed under COVID

Lease expires at the end of month

Peter A. Michael
Peter A. Michael answered on Jul 29, 2020

Under executive order 128, a tenant can use their security deposit to pay rent, so that may be an option to offer your tenants. Furthermore, if a tenant leaves with a balance, you may deduct that balance from the tenants security deposit. But it is CRUCIAL to send your tenant a security deposit... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Due to the pandemic we cancelled our summer rental in OC NJ. Owner refuses to refund deposit. Berger realty no help. ?

My husband has a compromised immune system. Being treated for cancer. Berger says that They are not obligated to return deposit. The house was rented again..

Peter A. Michael
Peter A. Michael answered on Jul 29, 2020

To figure out if you are able to obtain your security deposit back will depend on the lease/contract you signed with the owner of the beach home! Hire an attorney to negotiate on your behalf. My firm offers a free consultation, feel free to contact us!

1 Answer | Asked in Real Estate Law for New Jersey on
Q: If a gift deed on a house is notarized but not filed, is it still valid?
Peter A. Michael
Peter A. Michael answered on Jul 29, 2020

If the ownership of the property is being transferred as a gift, the new owner must still record the deed and title within the local municipality. You may need help of an attorney, feel free to contact my office for a free consultation!

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am gifting my property and need to have the current tenants vacate so the new owners can live there.

How long do I legally have to notify them if they are month to month?

Derek John Soltis
Derek John Soltis answered on Jul 26, 2020

You need to terminate the tenancy of the people that live there now. Even if you do that correctly, they may not want to move out and then you will have to evict them. At this time, evictions are on hold in NJ.

Talk to them first and explain what is going on. If they are able to pay...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Income limits on Phil Murphy's executive order 128, security deposit rewards rent law

I don't trust the landlord will return back my security deposit. Hence want to use it for remaining rent.

1. Does the tenant have to prove that they're struggling financially to use this option. Are there any annual income exclusions in the executive order

2. Can tenants... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 21, 2020

The issue you may want to think about is that the Executive Order 128 is an Executive order not a law.

The Executive order directly modifies 100,000's of contracts if not millions across the State of New Jersey. That is normally not a power any Governor has: To modify contracts...
Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Puerto Rico heirs my father passed his wife wants to sell his house he has 4 adult children one does not want to can we
Anthony M. Avery
Anthony M. Avery answered on Jul 15, 2020

You will probably have to file an Action For Partition. Hire a competent attorney.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Would you be able to help my defense of law suit against me re my neighbor's property damage for my winter pipe burst?

Hi, I am a home owner in Bridgewater, NJ. My next door neighbor's insurance company filed a law suit against me for her property damage from a winter pipe burst in my house in Jan 2019. My own damage was less than $10k per my condo insurance company, which is the deductible amount.

Maurice Mandel II
Maurice Mandel II answered on Jul 7, 2020

Your own, or the HOA insurance company should be handling the defense of this case for you as it probably is a damage that is covered by insurance. Many people with a condo do not realize that they need to carry liability insurance to protect them from just this kind of incident. People assume... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: I have two tenants I wish to evict but don’t know how to go about it due to Covid and Phil Murphy’s Moratorium A-3859

I purchased a 2 family Feb 18th 2020. 60 day notice was given accordingly. We moved on April 1st and found there to be a guy who had been renting a room from the former tenant unbeknownst to us. Called the police but due to covid, we were told that he legally had a right to stay. With two young... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 25, 2020

You can file the paperwork with the county for eviction, and get in line for when the courts start hearing cases.

1 Answer | Asked in Real Estate Law and Business Law for New Jersey on
Q: I’m interested in wholesaling.. If I sign an offer to purchase on a home, am I legally obligated to buying and damages?

Essentially I want to find homes, sign offers to purchase, and then sell the interest in those properties to house flippers who will make more money for a fee. Do I need a real estate license in NJ? Should I incorporate? Do I tell my current employer? Thanks for your input!

Leonard R. Boyer
Leonard R. Boyer answered on Jun 13, 2020

You really need to have an experienced business and real estate attorney set up the right corporate structure, draft the contracts and handle all legal aspects of your business. Good law firms will enable you to retain their services on an ongoing monthly retainer. Remember, a good lawyer is rarely... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hello my name is Astrit. I’ve bought a house back in 2012.

Hello my name is Astrit. I’ve bought a house back in 2012 and I’ve been paying mortgage since then. I learned that the deed isn’t in my name or the mortgage. The broker that I worked with has his name on the deed and mortgage. He keeps telling me he’s working on putting it on my name but... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 5, 2020

You apparently have not bought anything. Hire an attorney to have a Resulting Trust declared and the Court order the conveyance. But that has nothing to do with the mortgage which you take subject to. Additionally if the seller is an actual licensed broker, and committed fraud, then file a... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My bankruptcy was closed/completed in Jan 2019 but the mortgager still hasn’t foreclosed on the property.

I continue to get statements showing I owe more than $50k to bring the mortgage to date, that the bank assigned a flood policy and hazard policy to the mortgage, resulting in exorbitant fees, and that my property taxes are many quarters overdue. The house was badly damaged in a hurricane (Sandy)... Read more »

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

First of all, if you were represent by a bankruptcy attorney, you should contact the attorney. Second, there is a big difference between whether a bankruptcy was closed or discharged. If you got a discharge, then that is the end of your financial liability. Third, a property manger is someone who... 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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1 Answer | Asked in Consumer Law, Copyright and Real Estate Law for New Jersey on
Q: We took over a restaurant in boardwalk by jersey shore, other restaurants has same name

In a brief I took over a pizzeria and restaurant in jersey shore boardwalk, the pizzeria name are also named to about other 4 restaurant in the same boardwalk but with different way, like one is named original....., other name restaurant and pizzeria, other named (...... 4)., mine is name (....... Read more »

Evelyn Suero
Evelyn Suero answered on May 13, 2020

Generally speaking, a business does not have to register a trademark in order to have trademark rights. There are common law trademark rights that are acquired by use of the mark. Using a trademark that is confusingly similar may be deemed infringement. However, if your mark was in use before the... Read more »

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 Real Estate Law for New Jersey on
Q: Im an 18 years old female, can I claim my part in my fathers property? And what good would that do?

My father is trying to kick me out of the house because he wants to divorce my mom and bring in another woman. I want to stop him from potentially letting that woman take all of the property before hand.

Richard Diamond
Richard Diamond answered on Apr 23, 2020

The short answer is you have no equity rights in your parents home. The longer answer is that this is a fight between your mother and your father over assets, support, etc as part of their divorce. Your father has NO right to kick your mother out of her home and she needs to meet with a divorce... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My previous lease had a 60-day moveout provision. Am I obligated to sign a new 1-year lease without this provision?

My existing lease had a provision where I could move out with 60 days notice. The lease expired 6 months ago with no comment and I have continued living in the house and paying my rent on time. Now my landlord is asking me to sign a new 1-year lease with no provision for moving out with 60 days... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 22, 2020

You can continue to live in the apartment month-to-month, however, the landlord may eventually move for eviction for your failure to sign a new lease. Or you can negotiate with your landlord for that provision.

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