Lawyers, Answer Questions  & Get Points Log In
New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a seller use a relocation company to sell their house when they are not relocating as stated?

I bought a house from a relocation company and was told my seller was relocating for work. After having many issues with my new house I came to find out that my seller is a flipper and flipped a house prior to flipping mine and "relocated" ten minutes away to the next town over. I believe... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 22, 2021

By way of answer can a seller be described as being 'motivated' when all the seller wishes to communicate is that perhaps there is negotiating room in the asking purchase price, or describing a home as 'cute' when the seller means small. It is called puffing. Sellers do it all... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are thinking about selling our home.

If we list our home with a realtor, but change our minds about moving, can we delist the home without incurring finically consequences from the realtor? Should put that in the listing agreement with the realtor?

Morris Leo Greb
Morris Leo Greb answered on Jul 2, 2021

Any condition that one wishes to include in a listing agreement with a broker must be specifically included in the written agreement. Please note careful that the listing agreement might have a clause that in the event the seller delists the property, the listing agreement remains in effect until... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is my assoc. responsible for taking care of the cat excrement smell seeping into my house from my neighbor?

I own a townhouse in NJ that sits above a small condo. Over the past few years, I have smelled cat urine in my unit & can only guess that the odor is coming from the hoarder below me with 2 cats. I also believe that my health is being affected-coughing. I called my association and the mgr... Read more »

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

Yes, the Association should be taking all necessaries to correct the conditions you describe in your query. The first step would be to send the Association a written demand outlining the problems you are experiencing. In the letter, advise the Association that you will be notifying the municipal... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Am I responsible for the water and sewer?

I moved in July 15 2020. My ll told me I was responsible for water. I asked him who do I pay & he told me to call the twp & they would tell me how much I owe. When I called they told me there was an unpaid balance prior to when I moved in. I told my ll immediately & he said he didn’t... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 30, 2021

You are only responsible to pay for those items which are listed in the lease agreement. I would suggest you call the municipality and request a copy of the bills when you became responsible for the water bill. Check your records to see how much you previously paid towards your share. If there is... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: We will need to replace our cesspool and put in an advanced treatment system septic because of ground water issues.

I have been told I need to put a deed restriction on requiring the new owner to maintain the system. Wont this have a negative effect on selling my property? Do you know of other alternatives? This seems very unfair to me.

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

The posed questions fails to state who is imposing the restriction. It also fails to state whether the system is being installed on property not owned the the poser of this question. If the question were rephrased, perhaps a better response could be given.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New Jersey on
Q: If I live in a smoke free building in NJ. Can I smoke about 20ft away from the entrance? Or do the building rules apply?

The house rule state that no smoking permitted inside the building or immediately in front of the building or any of the utility rooms.

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

It will depend on whether the 20 foot distance is still on private property. If you wish to smoke stand on the public streets.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have a signed lease to move into an apartment on June 15 in NJ. The landlord was paid. Will not let me move in.

He was paid 2 months rent and security deposit. This is about $3000. He also stored my furniture and belongings when my mother’s house was sold. Move in date was 6/1/2021 and it was delayed til 6/15/2021 because the property was be rehabilitated. A few days ago the landlord told me via text... Read more »

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

Seek assistance from Legal Aid. Also tell the Landlord you will go to the municipality to file a complaint that the Landlord does not have a Certificate of Habitability to give you prior to your occupancy. If the Landlord has not complied with all NJ statutory requirements, he could be open to a... Read more »

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New Jersey on
Q: My grandmother died with a reverse mortgage on her house with no co-borrowers. How soon can the lender take the house?

Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 14, 2021

My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I filed 12 police reports on my upstairs neighbor for harassment we live in fear. I have video proof. what do I do ?

My upstairs neighbor is making us crazy !! I have filed 12 police reports and the Judge always finds no probable cause. He called the cops on my wife for smoking a cigarette in front of our garage, he had a master switch to my electric garage and waited for my wife to enter then locked her in. he... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 11, 2021

Make an appointment with the County Prosecutor to discuss the problem. Also send a certified letter to the Landlord that you will be paying the monthly rent, in a timely fashion, into an escrow account. The money will not be released until the problem is addressed. The Landlord's recourse is... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My father(alive) owns a house in PR, and my brothers don't want it, He wants to put it under my name and his.

My father is 71, he visits PR every year and recently told me he wants to put his home under both our names. I do have siblings, but they never want to return to that area of PR. What should I do? He is still alive. We live in NJ, but he visits every summer to PR. I also have gone to PR since i was... Read more »

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

The answer to your question requires knowledge of PR law. Therefore, I wouldsuggest you retain a NJ attorney who is either admitted to the PR Bar orhsas working experience with PR law. In NJ a simple deed is all that would be required assuming clear title.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: How are property taxes handled if I sell my home before the end of the tax quarter?
Morris Leo Greb
Morris Leo Greb answered on Jun 6, 2021

The property taxes are adjusted at time of settlement. The adjustment is based on a calendar year not on the the quarters are billed.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: I do not wish to have an open house, can I tell the listing agent that I will not agree to that.
Morris Leo Greb
Morris Leo Greb answered on Jun 6, 2021

Yes you can set what limits you may want. The listing agent can accept them, negotiate a change, or refuse to be your listing agent.

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is it hard to transfer deed of a house to someone else.

Where do I go to transfer the deed of my house to someone else. An attorney or courthouse

Rajeh A. Saadeh
Rajeh A. Saadeh answered on Jun 2, 2021

Please contact a real estate a lawyer to help you transfer title to your home. We do that regularly and easily.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New Jersey on
Q: If a US Citizen (not dual) who lives in NJ owns land in the Philippines and this person dies without a will, what...

... what country's laws apply when it comes to inheritance concerning the land owned in the Philippines?

Rajeh A. Saadeh
Rajeh A. Saadeh answered on Jun 2, 2021

This is a question for an estate administration lawyer. Please contact an estate administration lawyer for assistance.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a NJ Condo charge new membership fees as a result of deed transfer from me to a trust?

I transfered the title of a condo I owned in NJ to an irrevocable trust. Upon notifying the Community Association of the transfer, they advised Closing Contribution fees are due to the Community Association and Membership fees are due the Section Association because of the transfer and they... Read more »

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

The right to charge Transfer Fees are provided for in the By Laws. The By Laws description of what is a transfer is controlling. Since the By Laws were prepared by the Condo Association, any interpretation should be drawn against the drafter of the document. Hence, unless extremely clearly defined,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can a Landlord in NJ not renew my lease if we have a conversation and they say I'm being definsive.

My landlord said they will not renew my lease,after sending me one notice to Cease,In regards to my son smoking weed in the hallway,They then called me to the office to speak with me about another incident reported to them by the maintenance man, I stated that it was not true,so upon me responding... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 30, 2021

A landlord need not give a reason for non-renewal of a lease.

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for New Jersey on
Q: In response to Morris Leo Greb, follow-up Question

Sending the certified letter you suggested would not violate the “no contact” directive of the restraining order? He won’t pay for removal, I’m sure, so can My sister take him to small claims court without violating no contact directive?

Q. When are personal effects considered... Read more »

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

I was unaware of the "No Contact" order. So file a complaint in small claims for cost of removal. You can fo this pro se. Go to www.NJCourts.gov. The Claims Division may decide not to hear the matter as the appropriate Court would be the one that issued the 'No Contact' order... Read more »

2 Answers | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for New Jersey on
Q: When are personal effects considered abandoned in New Jersey? No lease in effect & housemate under a Perm RO for DV.

My sister in NJ allowed a disabled vet friend (at the time) to live in her house in exchange for help with upkeep of the premises, which he did not do as time passed. He gave her money towards his groceries. There was no written agreement and no lease.

Unknown to her at the time. he... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 23, 2021

I would just call a junk removal company and have it removed. There is apparently no way for you to find him, so why leave your house at risk?

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My sister and I just found out that we should have received 25% of my dads estate.

My father passed away a few years ago. His wife sold their home for half a million and built a home somewhere else, he did not have a will. My sister and I found out tonight that we should have received 25%, is this true what are our rights now? No executor

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

The best advise is to seek an attorney with extensive probate practice experience. I believe he question raised is beyond the scope for an answer on this forum.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is it possible on a FHA loan for the final cd to change over night from 14.5k to 18.5k? Please help

I was told my monthly payment would be 1,710 now it is up to 2,110. I was told by the originator to bring 14.5 to closing & that was rounding it up from 14.2. Two hours prior to the closing my realtor made the odd comment of saying you have 20k in your bank acct. Then said after crunching... Read more »

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

No, a three day period must elapse.

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.