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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Landlord never signed lease. We were never late. He sold house. Wants us out. What are our rights?
Morris Leo Greb
Morris Leo Greb answered on Apr 14, 2021

The landlord may sell the property but the buyer's purchase is subject to whatever rigjts you have as a tenant. Furthermore every lease in NJ whether written or oral is deemed to have included the provision of quiet enjoyment. So whatever conditions are included in your lease must be honored... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How can I help my parents avoid foreclosure if one party refuses to cooperate & has caused liens against the property?

My father tricked/intimidated my mother into getting a 2nd mortgage in her name alone. They are both on the deed. He had the bills go to him at another location then stopped paying. He refused to agree to any solutions (sell, refinance, etc) & has liens against him on the home. He won't... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 12, 2021

Hello,

Your mother should reach out to an attorney that would work with her. She may have options, but trying to tell you to tell her what they are based on the little information you provided is not likely to be helpful.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Booklet that I have from my realtor that you pay only half of the NJ realty transfer fee if you are low to mod. Income?
Morris Leo Greb
Morris Leo Greb answered on Apr 2, 2021

There are specified exemptions provided in the NJ Realty Transfer Tax.

NJ Division of Taxation - NJ Realty Transfer Fees - NJ.gov

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My stepfather has property in Puerto Rico and he's looking to sell, what are the first steps we need to take. I live US

We live in the United States, in the state of New Jersey. We need an attorney who can represent my dad in the closing of the house and he also needs to get copies of the deed from the house. I have a power of attorney letter in the state of New Jersey and would like to know if it's valid in... Read more »

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

Call the NJ Bar Association and request the names of several NJ attorneys who are also admitted to the bar of Puerto Rico.

3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 29, 2021

If you are a personal guarantor, any judgment against you could attach to your home. So, if you file for bankruptcy first, buying a house would most likely be more difficult, but if you buy a home are sued, and the other side wins it could attach to your home as a lien.

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1 Answer | Asked in Real Estate Law and Small Claims for New Jersey on
Q: How do I claim solar panels that were illegally placed on my roof in 2016 without permission while I was on vacation?
Morris Leo Greb
Morris Leo Greb answered on Mar 19, 2021

Outside of a written demand, your only recourse is to file suit. IHowever, it is my opinion that filing suit will be fruitless.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My tenant thinks its unfair cause her lease she is responsible for snow/water/sewer. Upstairs tenant pays $75 per month

Clarify only 1/2 sewer and water Bill. Othe tenant pays $75 more per a month. She also received a 2 year lease and have not raised her rent since I’ve acquired the unit 3 years ago. Units are same size with same number of occupants. She said any increase would make it unaffordable so that is... Read more »

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

Until the current lease expires, the only changes that can made as to the rent charges are those which are specifically provided for in the lease. When the new lease is presented add to the rent to paid be sure to include a provision that the tenant is responsible for one half of the water charges... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Landlord gave us a letter on March 1st stating he's doing a 30-Day quick deed sale on the house we are renting

We have a month-to-month rental agreement and have been looking around, but there are no apartments or homes available within 15 miles for a rental. We have 2 teens in High School + a Special Needs child in Elementary.

We literally have nowhere to go without leaving the area and causing... Read more »

Barbara Ungar Esq.
Barbara Ungar Esq. answered on Mar 4, 2021

Presently, there is a stay of evictions signed by Governor Murphy under Executive Order 106 on March 19, 2020 as a result of the pandemic. The stay of evictions was recently extended by Governor Murphy and also by the federal government under the Biden administration. The CDC guidelines reference... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Hello, its been two months. How do I get the seller to sign our request to cancel/void the real estate contract?

The seller failed to meet the request for repairs or reply within the inspection period. VA requires a specific timeframe to process before appraisal. The seller never replied or responded to any calls or emails. The closing date in our contract has since passed. The contract stipulates to complete... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 3, 2021

This is a very complex issue when both sides to a contract can not agree to the proper disbursement of the deposit paid. I would like to believe that the deposit is in the trust account of an attorney. It may well be that litigation will ensue to make a final determination Since the attorney that... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My uncle gave his parents money to buy a house. They passed away my mother lived in it until she passed away 12/2018.

My uncle want to become the sole owner of house. He has two other brothers who are not interested in the property.

The house is located in Vega Alta, Puerto Rico.

What steps do he have to take in order to put the house in his name?

Please help, everyone I ask say I need a... Read more »

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

As the property in question is located in Puerto Rico, the answers to any questions concerning the property will be decided in accordance with the laws of Puerto Rico and not in accordance with NJ law. If the question is whether the giving of money was a valid gift and related questions a NJ... Read more »

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can I be discharged from a zero interest promissory note hat is unsecured and failed to disclose any risks involved
Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2021

None of those possible terms are required for a note to be negotiable. In fact the payee may be a holder in due course, subject to almost no defenses to presentment.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Partner is residential real property has not paid their share of taxes or upkeep for a year - what are my options?

I co-own a residential home with my ex wife who has ceased contributing her share of property taxes and repairs and maintenance despite several pleas. I am going into serious debt because of this. I have offered to buy her out but she refuses to sell. I want to know if I can force her to execute... Read more »

Morris Leo Greb
Morris Leo Greb answered on Feb 10, 2021

Your recourse is to file suit to compel your ex-wife to pay her share or have her interest diminished by an amount equal to the share of costs she is not paying. The issue for you is whether her obligation to pay is part of the judgment of divorce which means that you would need to file a motion to... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Edison wants family estate home to provide a closed permit for an inground pool to get a CO. We only have the permit #.

What do we need to do to close out this 37 year old permit? Buyers waiting on us to get CO from the town.

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

Apply to the town foe a CO. Pay the fee and satisfy any conditions imposed.

1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for New Jersey on
Q: My lease will expire April 15 , I did ask my landlord to stay until June 15 , she can raise 25% rent for 2 months?

My rent now is 1,950

She ask 5k for 2 months and pay up front

April 1. She can do that ?

Who can help me ?

Morris Leo Greb
Morris Leo Greb answered on Feb 8, 2021

Unless there are rent control laws in your municipality, once the lease ends, the Landlord may change the terms of the lease. Your options is either to agree to the rent requested, attempt to negotiate a more reasonable rent, or move out.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can landlords/management companies charge tenants a lease renewal fee?

I live in Hoboken in a rent-controlled building with 6 units. I have lived there for about 23 years and signed a 1-year lease for the initial year but have basically been month-to-month ever since. Every year the Landlord e-mails a lease and I maintain I will keep the month-to-month agreement.... Read more »

Morris Leo Greb
Morris Leo Greb answered on Feb 4, 2021

Unless prevented by the provisions of Hoboken's rent-controlled law either directly prohibiting charging tenant for landlord's administrative costs or if considered to be additional rent and thus exceeding rental limits, changes in the rent and other lease provisions can be made each... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Lease break in New Jersey -

Is there a way to break a lease because we're not feeling safe anymore in a residence where we believe there's a failure to enforce covid19 rules?

Morris Leo Greb
Morris Leo Greb answered on Jan 31, 2021

Present the Landlord with a written demand for proactive steps for Covid 19 protection. Include in the demand a list of specific deficiencies. Set a reasonable dates for commencement and completion of the required repairs which must be done by licensed contractors. If the Landlord refuses, you have... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for New Jersey on
Q: A crack in the slab that was "fixed" 14 years ago. Now I have found the crack has grown possibly covering the entire hou

Can I sue the builders, even so, the guaranty was up to 10 years? The job was done by a third part contract with the builders and I think was incomplete or wrong done.

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

A real question is not whether you can file a complaint . The real question is do you have a real cause of action. Filing a frivolous law suit can result in penalties imposed. So before filing suit, a structural engineer should be consulted to determine what is causing your current problem.... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What would be the cost for inheritance transfer my brother passed and his daughter wants to transfer land to her

It’s a 3 lot land she has one lot in Puerto Rico camaseyes

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

An answer to your question is not possible. The fact pattern presented is confusing and much more information is required. If you wish a response, please rephrase your question.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I live in an apartment that I suspect is illegal. How do I find out if it is?

I live on the top floor of a 2 story house. Downstairs is a couple who are also renting. Landlord is a combat vet and uses it to get some kind of discount, not sure how it works. Landlord insists on cash rent, saying he needs to "keep my footprint low." Last tenant left under very odd... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 25, 2021

You can look up the zoning of the house or contact the city. If the house is set up with multiple electric and gas meters I would bet on the house being set up as a multi family.

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2 Answers | Asked in Real Estate Law, Probate and Estate Planning for New Jersey on
Q: Grandfather passed away with no spouse father passed away 2 months after no will was made who inherents the estate

Im am the grandson and attempting to begin the probate process i assume...

Kevin E. Flynn
Kevin E. Flynn answered on Jan 20, 2021

I am sorry for your loss. This question was pushed out to patent attorneys and does not belong there. I am responding so that the question it linked to the right groups.

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