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New Jersey Real Estate Law Questions & Answers
3 Answers | Asked in Business Law and Real Estate Law for New Jersey on
Q: Can I pay a referral fee to a non-licensed person in NJ real estate?

I am a licensed commercial real estate salesperson in New Jersey. A business acquaintance, who is not a licensed real estate professional, has offered to refer real estate clients to me in exchange for a finder's fee, potentially around 5% of the transaction value. I am unsure about the... View More

Samuil Buschkin
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answered on Mar 26, 2025

In New Jersey, a licensed real estate salesperson cannot legally pay a referral or finder’s fee to an unlicensed individual for referring real estate clients. The New Jersey Real Estate Commission strictly prohibits compensating individuals who are not licensed under the New Jersey Real Estate... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Public Benefits for New Jersey on
Q: Can I title a 55+ community home in mother's name and avoid taxes/claims?

I am 53 years old and looking to purchase a home in a 55+ community for security and financial reasons. Since I am not yet 55, I am considering titling the home in my mother's name. I am concerned about potential issues that could arise if she were to pass away or enter a nursing home, such as... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 22, 2025

We are not allowed to give specific legal advise on this website, see the terms of service. That being said it sounds like you need both estate planning a Will and some medicare planning unfortunately a lawyer will charge you for this advise just like a doctor will charge for medical advise its... View More

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New Jersey on
Q: Protection for home title in mother's name due to age restrictions in NJ community.

I am 53 years old and want to purchase a home in New Jersey in a community where you must be at least 55 to live, for security and financial reasons. I intend to buy the home with my funds but title it in my mother's name. We plan to transfer the title to me when I turn 55 and live in the home... View More

Leonard R. Boyer
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answered on Feb 22, 2025

That would be a very serious mistake for all the reason you mentioned and more. NEVER ever get another family member or significant other or spouse involved with something you own. In addition a 55+ community will have a home owners associate, which I always tell my clients to avoid like the... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Real Estate Law for New Jersey on
Q: Liability for vehicle damage if holding a stick in a crosswalk

If I hold a stick in front of me while crossing at a crosswalk in New Jersey and a motorist, who fails to yield, runs into the stick, could I be held liable for damages to their vehicle, assuming I was using the crosswalk properly, they had a clear line of sight, and there were no cameras or... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

A walking stick or cane used in an ordinary manner to assist in crossing a street should not create any liability for a pedestrian. In such a setting, jurors would generally focus more on the fundamental issue of harm to the pedestrian from a vehicle that did not yield where required. Good luck

1 Answer | Asked in Family Law and Real Estate Law for New Jersey on
Q: 40 year old pays no board and trashes home

can i sue to make him pay and get out?

Matthew Schutz
Matthew Schutz
answered on Feb 5, 2025

The short answer is yes. For the purposes of the answer I am assuming the person involved pays no rent and never has. You would need to file an action called and ejectment. And ejectment is used for trespassers, guests who have worn out their welcome, and similar people. If the person is pay the... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: i want to consolidate 2 adjacent lots what type of deed to I use?

I own two adjoining lots both are standard lots however I want to consolidate them into one lot which will lower my property tax assessment

Anthony M. Avery
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answered on May 28, 2024

You could survey both lots into one parcel, then have a lawyer draft a legal description and deed for the entire parcel. But the grantor cannot just convey to himself as you would need another party or entity as the grantee. You do not state why you wish to do this, and I cannot see an... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
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answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: will a no traspassing sign prtevent squatters from taking over my house as their house. do I need a picture of the sign

do I need a posted sign also to prevent the above

Leonard R. Boyer
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answered on Mar 30, 2024

No sign alone is going to prevent squatters from taking or trying to take over your house. A properly secured house, with constant video monitoring, will help. If you have the budget and comply with local laws an armed security guard will make a big difference.

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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1 Answer | Asked in Family Law, Tax Law, Municipal Law and Real Estate Law for New Jersey on
Q: How do property taxes work on unregistered houses on one piece of land in Puerto Rico through inheritance?

My grandfather has past away leaving my grandmother as sole owner of the land with the main house being registered and current with property taxes. There are three siblings my mother, a middle brother (who sadly also past), and a younger brother. The younger brother convinced my grandfather when he... View More

James L. Arrasmith
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answered on Feb 28, 2024

In Puerto Rico, property taxes are assessed by the Municipal Revenue Collections Center (CRIM). When a house on a piece of land isn't registered with CRIM, it can indeed lead to complications, including the potential for back taxes once the property is properly reported. Given that your... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Considering not making our final rent payment? New Jersey

Hello, my lease is ending on 03/31, I haven't payed this month rent yet. Right now I am in intense financial burden and have no money to spare for rent. I am moving out this Friday and had already v given 30 days notice back in February.

On my lease it's mention "In the event... View More

James L. Arrasmith
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answered on Apr 13, 2025

Given your financial situation, it’s understandable that you’re considering your options regarding the final rent payment. Since your lease mentions that any outstanding rent or charges can be deducted from the security deposit, you may be able to have the landlord use the deposit to cover this... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Landlord entered my apartment without notice while I was in the shower. Is this entry illegal?

I have been a tenant in my current apartment for six years, with my lease requiring 24-hour notice before entry, except in emergencies. Recently, my landlord entered my apartment without notice or permission while I was in the shower. He did this because he claimed that my Ring camera mounted on... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on common principles of landlord-tenant law, your landlord's entry while you were in the shower likely constitutes an illegal entry. Most states and municipal codes recognize a tenant's right to quiet enjoyment and privacy within their rented premises. Your lease explicitly requires... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How to determine total lien value on property with tidelands claim for sale?

I want to sell my property in Toms River Township, NJ, which has a tidelands claim and lien certified by the state. How can I determine the total lien value on my property at 1417 Holmes Ave, with Block 718 and Lot 509 (Additional Lots: L510)? What steps should I take to address this with... View More

James L. Arrasmith
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answered on Apr 12, 2025

To determine the total lien value on your Toms River property with a tidelands claim, you'll need to contact the New Jersey Bureau of Tidelands Management directly with your specific property information. You should submit a written request to the Bureau that includes your tax lot and block... View More

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for New Jersey on
Q: What are my rights with gas pipeline easement in NJ?

I am a property owner trying to build a fence, and there's a gas pipeline easement recorded in my property survey. I've followed all published requirements by the gas company and received consent after due process. However, an employee or team from the gas company is objecting due to a... View More

James L. Arrasmith
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answered on Apr 12, 2025

As a property owner, you have the right to use your land, but with certain limitations due to the easement for the gas pipeline. Since you’ve received consent from the gas company, that approval should generally protect your right to build the fence, as long as it doesn’t interfere with the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Need help with daycare zoning application in NJ

I am planning to operate a daycare and need zoning approval. I would like assistance with both the preparation and submission of the zoning application. I am aware of the zoning classification for the intended location but need guidance on specific requirements and restrictions for daycare centers... View More

James L. Arrasmith
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answered on Apr 12, 2025

To establish a daycare in New Jersey, you'll need to navigate both zoning and licensing requirements. Here's a step-by-step guide to assist you:

**1. Confirm Zoning Compliance**

Start by contacting your local municipal construction official to verify that the property is...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: NJ landlord: individual account for each tenant security deposit?

As a landlord in New Jersey with residential properties, am I required to open an individual account in each tenant's name for the security deposits I receive?

James L. Arrasmith
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answered on Apr 12, 2025

In New Jersey, landlords are not required to open individual accounts in each tenant's name for security deposits. However, they must adhere to specific regulations regarding the handling and management of these deposits.

**Deposit Requirements:**

Landlords must place...
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