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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law and Real Estate Law for New Jersey on
Q: We paid 3000 to move into home asked for CO was never provided now we find home wasn't inspected. What can we do? Sue?

We asked via text so there is documentation of several requests. Now landlord doesn't want to rent to us she says because we are asking her to repair too many things. She has stated she's not putting anymore money in the house (hence the reason there is no CO because failed inspection was probably... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 15, 2019

You can retain a litigation attorney to file suit against the landlord. An in person consultation and document review is necessary to obtain proper legal advice. Depending on the specific town the apartment is located in there may also be additional remedies available to you.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Are we able to back out of a contract that was supposed to close NOv 30,2018? And sue seller for all fees and damages(NJ
Leonard R. Boyer
Leonard R. Boyer answered on Feb 23, 2019

There is an insufficient factual basis to answer your questions and address your concerns. You need to retain an experienced civil litigation attorney to handle this matter and determine what your rights are.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My father is trying to kick me out of my home. I’ve lived with my parents my whole life. I have done nothing malicious

I have done nothing malicious. I am 23 and on college. I am pregnant and my father is threatening if I don’t terminate the pregnancy he will kick me out of the house. I told him he needs written notice of eviction. Of course he then attempted to write it on a piece of paper which of course proves... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 16, 2019

Your parents do not have to provide you with a home indefinitely. Your actions in getting pregnant without any financial support from the child's father is irresponsible on your part. There is no legal basis that I am aware of that would enable you to sue your father. Why are you staying at home,... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: have contract to purchase home and I the buyer have been told there are leases on property.

Contract has addendum which states no leases in place. where do I stand in this matter

Leonard R. Boyer
Leonard R. Boyer answered on Feb 16, 2019

Unless you retain an experienced attorney to represent you and there is a document review, nothing will be known and nothing can be done to help you.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Hi, I want to keep renting my apt and pay rent, but don’t want to sign a one-year lease due to noise above. Possible?

My lease agreement says under “no condition does my expired year lease become a month-to-month lease,” which is what I want, due to unreasonable noise from the apartment upstairs, which I have reported to the landlord.

The landlord has written to the tenant above me to quit making... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 8, 2019

Unfortunately you don't have many options, if you don't sign the new lease you can be evicted, the landlord does not have to give you a month to month lease, but check with your town.

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can someone commit a scam of selling you property?

I have two issues. My son put down payment on a piece of land in a remote area. He is supposed to pay the owner + pay the taxes every month until it's paid off. the owner will hold the deed until he pays it off. It doesn't seem kosher to me. My son does flip houses and is familiar with real... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 1, 2019

Yes, scams happen all the time. I suggest you have your son set up a consultation with a lawyer as you have many questions here and obviously this will take some time and more information would be needed to answer these questions. Expect to pay that attorney for his time and advice.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: My wife is requesting a durable POA to sell our home in a couple of years. Of what do I need to be beware?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 28, 2019

Do not agree to sign any such document or you will lose your home and have nothing to show for it. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Few condo residents formed an unofficial Facebook group, posted our HOAs' finance numbers and discussed loans. Allowed?

Is this legal to post and discuss finance numbers of HOA and boards finance numbers without their permission or other unit owners permission on social media?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 27, 2019

I guess you are looking to buy yourself a lawsuit. What are you thinking? The less private information you put on social media the lower your chances are of getting sued or worse.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: I own a 2 family home where I reside I rented one of the apts without my knowledge the tenant started a daycare

I own a 2 family home where I reside I rented one of the apartments my tenant decided that she could start a daycare without my permission or letting me know I found out because she told me the same day she started taking care of the kids. I told her that on our lease it stated she can’t run o... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2019

You need to retain an experienced landlord-tenant attorney to evict her. You could be liable for numerous code violations among other things.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a house seller not return my $5000 deposit because the loan not approved , and he put house back to market?
Jay Schmerler
Jay Schmerler answered on Jan 15, 2019

This is fact dependent. Have an attorney review the terms of your contract of sale and then review the details surrounding your mortgage application.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What can I do to get my name off the mortgage of a house for which my ex assumed responsibility?

We purchased a house then we got divorced. In the divorce settlement, he agreed to refinance after 10 years. It is already 1 month passed the date by which he needed to finance. His parents are also co signers to the house.

Leonard R. Boyer
Leonard R. Boyer answered on Dec 31, 2018

You need to retain an experienced mortgage foreclosure defense and matrimonial attorney to handle this matter, or you will have more problems than you ever bargained for. Your Judgment of Divorce needs to be enforced among other things that must happen.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is there a time frame in which you must file a deed with the county after the sale of the property in New Jersey?

I am the vacant property admin for the city and find that many properties which are sold either through Sheriff sale or other type of sale are not being recorded with the county. Therefore owner info is incorrect as well as property tax info. I rely on this info for my records.

Leonard R. Boyer
Leonard R. Boyer answered on Dec 27, 2018

When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. IF you are the Vacant Property Administrator for the City of New Brunswick, why would you post this question here, rather than... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I get a real estate license in 2019 I was convicted of a 3rd degree misdemeanor disorderly persons offense in 201
Leonard R. Boyer
Leonard R. Boyer answered on Dec 23, 2018

Maybe, call the NJ real estate commission and ask them. https://www.state.nj.us/dobi/division_rec/index.htm

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: I am the executor of moms will. Only my sister and I to inherit the house (25% her). Mom only had a 5,000$ insurance.

But had no beneficiary named. Possibly my sister tho. I am on joint bank account w/ mom. Also I am living in the home and took complete care of her when she was sick. Can I as executor find out who was paid if it was sister and when the money will be paid to? Also is the joint bank account... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 22, 2018

These free answer sites are not setup for specific advise and answers that you can rely on. I suggest you speak with an estate lawyer.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Can I break my lease through constructive eviction.

Lived in apartment for 3 years come April. Rent from individual owner, not building. Building is having substantial foundational demo and renovations due to Sandy. We were just notified it will take 4-6 months. We’ve lost access to the bottom floor, including laundry, elevator, trash and secured... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Dec 10, 2018

You need to retain a landlord-tenant attorney for constructive eviction. This is not easily proven, but it does seem like you have a good chance of establishing that. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: If a Real Estate Contract states a closing date on or before Oct. 15th, how many days can it be extended to?

The Real Estate Contract is for property in New York State.

Leonard R. Boyer
Leonard R. Boyer answered on Dec 8, 2018

That depends on what the parties to the contract are willing to agree to. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: My home sold to third party in Nov 2018 at Sheriff sale. When do the new owners get the deed. They put down 44% at sale.

My home was foreclosed in Aug 2018 then sold to Third Party at Sheriff sale in November 2018. When do the new owners take over the deed. I have moved out and turned utilities off in my name. I filed bankrupty and it was discharged back in Jan so not liable for money owed on house.

I simply... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 24, 2018

There is no lien released by just filing bankruptcy and not certain what lien you are talking about.

2 Answers | Asked in Contracts, Real Estate Law and Probate for New Jersey on
Q: Can someone advise on the best strategies and contract structure for flip/rehab investors in NJ?
Leonard R. Boyer
Leonard R. Boyer answered on Nov 24, 2018

Your situation requires an in person consultation with an experienced civil litigation and contract attorney. You need to set up the right corporate structure and discuss far too many things then can be mentioned here. There is a right way to do this, that will protect you and your company from... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: Looking for attorney in New Jersey who has experience recovering surplus funds from sheriff/foreclosure sales. Help?

House sold in Jackson, NJ @ foreclosure/sheriff sale. Purchaser paid more than what was owed to the bank. Approx 40k was sent to the Superior Court Trust Fund. Need an attorney who can help file a motion for the surplus funds pursuant to Court Rules 4:64-3 & 4:57-2.

Derek John Soltis
Derek John Soltis answered on Nov 20, 2018

If you contact any attorney in NJ that handles Foreclosure defense they will be able to handle these types of issues.

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for New Jersey on
Q: Hello, I'd like to know if there are any sliding scale legal services I can use if I do not qualify for legal aid?

I'm being sued for not submitting a written notice of move out at the end of my lease. Any information on sliding scale or income adjusted legal services/representation specializing in landlord/tenant cases would be very much appreciated! Thank you.

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2018

Different attorneys have different fees. You get what you pay for. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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