Lawyers, Answer Questions  & Get Points Log In
New Jersey Real Estate Law Questions & Answers
2 Answers | Asked in Cannabis & Marijuana Law and Real Estate Law for New Jersey on
Q: Can the state seize my home if it is considered a grow house for marijuana.

This is hypothetical and I pondered this question from watching YouTube videos about drug busts

Morris Leo Greb
Morris Leo Greb answered on Oct 22, 2020

A simple hypothetical answer to your

inquiry, the house is at risk for seizure.

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My lease ends this month. And want to move out. Ll is stating we have to give 30 days notice but was previously ok with

3 weeks notice aprtment has mice and we have a 2 yr old daughter can I fight this

Morris Leo Greb
Morris Leo Greb answered on Oct 16, 2020

Is it a written lease or oral. If written, check to see if there is any language concerning requirement to give 30 notice to terminate. Generally if you overstay beyond the termination date, the lease is automatically renewed on the same terms. So be sure you completely vacated on or before the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: Judgement lien for cigarette tax for NJ for online ordering.

Years ago I ordered cigarettes online without realizing they were so cheap because tax wasn't charged. My housemate and I are both on deed and both listed as single with right of survivorship. We have never been married and are not in romantic relationship. It is my understanding we both are... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 16, 2020

The rule is that a judgment is valid for a period of 20 years. However, a judgment creditor may apply to the court to have the judgment extended for an additional 20 year period. When a judgment is docketed, it becomes a lien against all property the judgment debtor owns at the time the the... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: multi unit-individually metered privately owned property. Can owner assume control of utility w/o master meter at will?

nj property

Morris Leo Greb
Morris Leo Greb answered on Oct 15, 2020

I previously answered this question. Please review your records to confirm.

M.L.Greb, Esq

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My tenant moved in a friend who is not on the lease in New Jersey how much can I raise the rent for the extra person ?
Morris Leo Greb
Morris Leo Greb answered on Oct 10, 2020

Firstly, is a written lease? If so, does the lease specify the number of occupants? Without knowing if thee is a written oral lease, no definitive answer can be give, Also, remember the Court frowns on self-help. Also necessary to know whether it is a studio apartment or an apartment with one or... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What do I have to do to "evict" unwanted house guests who pay no rent and are being obnoxious.

It is a second home I own in NJ. I reside there part time. One has resided there for 2 years and the other for 10 months. I want them to leave as soon as possible.

Morris Leo Greb
Morris Leo Greb answered on Oct 9, 2020

With the current status of the Court in compliance Governor's Executive order quickness is not the word of the day. Deliver, with another disinterested person as a witness, a personal notice to the occupants that because the attached list of violations they must vacate by date certain. If they... Read more »

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.

View More Answers

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 Land Use & Zoning and Real Estate Law for New Jersey on
Q: can PropMgmt comp assume control of utilitymeters on the property if they are already independently metered .?

currentl tenants have utility responsibility and there is no Master meter that reads the whole property. Tenants are directly billed and the landlord has no current responsibility with the utility in that regard. Can they legally assume the responsibility without consent from the tenant as well as... Read more »

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

As is true with most question concerning commonly owned property such as condominiums and cooperatives, it is important to read the organic documents to determine what powers were given to Board of Directors. Generally, changes in the duties of owners and the power of the Boar to affect those... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a nj non profit sell it’s property and divide the profit among members
Morris Leo Greb
Morris Leo Greb answered on Oct 5, 2020

Without a careful reading of the the non-profit's organic documents, it is not possible to give a specific answer. I suggest firstly that you pose the query to the accountant who does the financial review. My general response is that all proceeds received, no matter how generated, after normal... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a seller back out of a sale of her house after inspection and attorney review part of the closing?

No money has exchanged hands. She is still paying off her mortgage to the bank . There is a bit of ambiguity in the contract as to who makes the repairs upon the sale. However, Edison Township states she is responsible for them, of which she is not willing to make. The prospective (house flipping)... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 1, 2020

At this point, yes, there is no valid contract in place. This happens all the time.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hi, I am an officer of our condo association. The units are at the seashore and not winterized.

One owner is selling his unit as "year-round". Does the Association have a fiduciary duty to disclose this misrepresentation to the realtor or buyer? Can the Association be held liable if it does not? The building was originally sold as year-round, but that was a fraudulent... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 21, 2020

All my answers are based on NJ statutes and case law. I am not familiar with PA law. So assuming the development were in NJ, I would answer as follows.

There would be no obligation for the Association to review every ad with Seller's puffing in it. I would assume you are referring to a...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I have a signed contract To a property I am purchasing. The renter is refusing to let anyone in to inspect/appraise.

What are my rights with a binding contract? There is no lease. Renter wants to purchase but has bad credit and no money. She is claiming she is not healthy to look for another place yet is out and about.

Morris Leo Greb
Morris Leo Greb answered on Sep 16, 2020

An very interesting situation! Is there a written lease between the the seller and the reluctant tenant? The lease may contain language concerning the Landlord's right to inspect the premises. If not, the Landlord/Seller must take affirmative steps to make it possible for you to inspect,... Read more »

2 Answers | Asked in Real Estate Law for New Jersey on
Q: can I have my fiance as a tenancy by entirety on our house? If so how do I go about it? Thank you
Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2020

It is very easy to accomplish. Just get married! Tenancy by the entirety is only available to a married couple. A joint tenancy offers some of the benefits but not all. Joint tenants need not be married to each other. A deed appropriate deed must be recorded at the County Clerk's office for... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on
Q: If a sales contract was witnessed by a notary in 2011 is it still a valid instrument?

I purchased my mother's house in New Jersey from her in 2011 but never had the deed transferred and recorded.

I have all of the sales documentation that was signed and witnessed by a notary. Are those documents still valid for recording the deed?

Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2020

The deed if correctly acknowledged can be recorded at any time. But, there is always a catch, you must meet the current standards for recording the deed,i,e, completed cover sheet, affidavit of consideration, and the appropriate NJ GIT/REP forms. These ancillary forms can be dated currently and... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for New Jersey on
Q: Neighbor refuses to return our calls to discuss our concerns over the safety of his weeping willow tree.

The tree is now 60-70 ft. tall. We know they should not be planted in this residential area and we had one uproot on our property. No help from local zoning or tree commission who know our neighbor. We can be killed if it falls or uproots onto our property. I have contacted approximately 19... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2020

Speak to a local arborist to review the situation and his/her opinion as to the immediacy of any potential danger and what are the suggested remedies. Then speak to an attorney to review your legal rights and courses of action available to you. An immediate step would to put the municipality on... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Selling a house with Power of Attorney

I have Durable Power of Attorney. Can I sell my dad's home in NJ. He is currently in a care facility and could not make the decision on his own to sell the house. The funds would be deposited into his account to pay for his care.

Morris Leo Greb
Morris Leo Greb answered on Sep 8, 2020

Provided the POA is in proper and recordable form, and recorded prior to or simultaneously with delivery of the deed of conveyance, you should have no problem. To avoid any last minute problems you may wish having an attorney review the POA for sufficiency

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My husband and I own a home that we rent out in NJ. He recently drew up a new lease that I don't agree with. Valid?

I did not sign the new lease. Is it valid? He aldo wants to take the equity out of the house and sell it. I don't. I'm willing to look into it and buy him out of the property

Morris Leo Greb
Morris Leo Greb answered on Aug 27, 2020

If your name is on the deed, your spouse can not mortgage nor sell the property in NJ without your signature. If you are not named as a grantee on the title deed and the home was used as a marital residence, he may not sell nor mortgage the property without your consent. A rental agreement... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Can I file eminent domain against PP&L four lines that are running around my home two pole that goes two neighbor's hous

These lines do not feed my home my line comes from directly from the main poles I was told by PP&L it would cost $ 12000 dollars to move Pole

Morris Leo Greb
Morris Leo Greb answered on Aug 27, 2020

Without additional information, a more definitive answer is possible. To help you determine if you have a claim, please check the records at the County Clerk’s Office to see whether at some time a right of way agreement which affects your property was granted to a utility and recorded. If the... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Half-bro’s in NJ. #1died 4 yrs ago.#2 died 6 days ago,left #1his home. Who gets house? #2 has no heirs.#1has 5 sons.
Morris Leo Greb
Morris Leo Greb answered on Aug 25, 2020

This response is based on New Jersey case law and statutes. There are several important issues involved. The first is whether the brothers' had wills. It would be important to read each decedents will to see what provision was made should a named devisee failed to survive the testator. The... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.