Get free answers to your Real Estate Law legal questions from lawyers in your area.
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... View More 
My neighbor is planning to build a fence between our properties. The town has approved. Recently, they told me the existing wire fence is on their property. This wire fence was there when I bought the place 10+ years ago. My neighbor moved in 2-3 years ago, so it was there when they moved in.... View More
answered on Aug 17, 2020
The following answer is limited to New Jersey law. When you purchased your property did you obtain a survey? If yes, what did it show? Next, did you obtain a title insurance policy when you purchased the property? If yes, was there a survey endorsement the policy? If yes, does it exclude the... View More
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... View More
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... View More
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.
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?... View More
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.
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?
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... View More
Lease expires at the end of month
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... View More
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..
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!
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!
How long do I legally have to notify them if they are month to month?
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... View More
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2020
You will probably have to file an Action For Partition. Hire a competent attorney.
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.
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... View More
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... View More
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.
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!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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)... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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.
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.
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 (....... View More
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... View More
Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices
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.... View 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.
