We Understand The Ins And Outs Of Real Estate Law
One of the first questions you should be asking when looking to buy a piece of commercial real estate is what type of zone it falls within. The zone will hold massive sway over what you can and cannot do with that piece of real estate, so it is also...
Buying or selling real estate in New Jersey usually involves more than simply signing a contract. Each step in the process often depends on having the right legal documents prepared and reviewed. Having a clear idea of which documents are needed may help reduce delays or complications as the deal...
Estate planning isn’t just about the distribution of property when a person dies. A thorough estate plan can also help protect people when they are at their most vulnerable. Older adults who are about to retire often sit down to create an estate plan if they haven’t already or update...
Those intending to invest in real property often have multiple options available. They might acquire vacant parcels to hold for decades and then sell as development expands. They might flip houses by buying properties in mediocre condition, repairing them and reselling them for a profit. They might also rent the...
When it comes to business contracts, what you don’t know can cost you. Whether you’re sealing a partnership, hiring vendors or licensing intellectual property, a legally sound contract protects your interests and minimizes risk. Yet many businesses skip legal review, relying on templates or verbal agreements. That shortcut can backfire,...
An HOA seeks to create a comfortable and uniform neighborhood for all residents. It may do this by providing services such as trash or leaf removal, along with doing general neighborhood upkeep or even providing amenities like tennis courts or swimming pools. In exchange, people who live in an HOA...
Flood risk plays a role in rental choices and can affect property value in New Jersey. Recent changes in state law cover both sellers and landlords and introduce disclosure rules. Under these rules, you may need to share flood exposure details before a lease begins or renews. As a landlord,...
Opening a business is a major undertaking that comes with serious decisions and significant risks. One decision that you may have to make is about the physical location for your business. Finding the best one possible can help to provide the basis for your company’s success. You have to think...
Getting a customer to pay on time is not always easy. Late payments can disrupt your cash flow and cause stress. You might send reminders, make calls or even stop offering services, but some clients still avoid settling what they owe. While chasing payments is never pleasant, there are ways...
When someone says that a piece of real property has a “clear title,” they mean that the ownership of that property is free of any legal issues, liens and other concerns that immediately provide grounds upon which title disputes could be filed. A clear title is important for buyers, sellers...
Passing down inherited antique artwork can be emotionally and financially complex. These items often carry deep personal meaning, along with considerable market value. Including such pieces in your estate plan is essential to help ensure their proper care, preservation and distribution. Thoughtful planning also minimizes disputes among heirs and helps...
Real estate transactions, whether buying a new home or investing in commercial property, can be complex. While most go smoothly, disputes can sometimes arise, turning an exciting venture into a stressful legal challenge. Understanding the most common sources of these conflicts is the first step in mitigating this risk. This...
Life happens, and sometimes you cannot stay in your rental as planned. Maybe you have a new job, need to move quickly or simply want help covering rent. Subletting can seem like an easy fix, but without permission, it could create more problems than it solves. Many people sublet without...
Civil court judges settle disagreements and help review complex information, such as leases and other contracts. Their intervention can prove incredibly valuable for people dealing with title issues related to real property. Title records establish who is the owner of real property and who may have a lien or easement...
When real estate changes hands in New Jersey, certain disclosures must be made by the seller. The buyer has a legal right to understand what they’re buying, and any material defects will need to be disclosed in advance. It is important to note that a seller only has to disclose...
Inheritance disputes can happen for many reasons. In general, the higher the stakes, the more likely some dispute may arise. Estate litigation requires calculated legal strategies to protect your inheritance rights and financial interests. Understanding what to expect during estate litigation helps you prepare for the challenges ahead and make...
Planning for the future of loved ones—especially children and those living with disabilities—requires both heart and strategy. Trusts can be one of the most powerful tools available to help ensure their financial well-being and access to care. Whether the guardian is a parent or a grandparent, understanding how trusts work...
Signing a commercial lease is a major financial commitment. The business leader agrees to pay rent for an extended period of time. In many cases, commercial leases last multiple years and cost thousands of dollars per month. If the business that rented the space fails or proves insolvent and must...
Commercial leases can be a minefield, both for property owners (or managers) and tenants. Mistakes and misunderstandings can cost a lot of money. That’s one reason it’s wise for both sides to have experienced legal guidance before they put their signature on any lease agreement. Unnecessary mistakes on one or...
Buying or selling real estate is always an exciting milestone, but it often comes with a fair share of questions and concerns. For instance, since many states now require legal representation for real estate transactions, you may wonder if it is a requirement in New Jersey. While the Garden State...
When a debt collector reaches out about a debt, they must provide a validation notice—a written or electronic statement outlining key details about the debt and the consumer’s rights. This notice helps ensure transparency and allows consumers to verify the debt’s accuracy before making any payments. Under Regulation F of...
If you live in a house that is part of a homeowners association, the HOA itself can make rules for how you use your property. This is much different than if you are simply an independent property owner. You do have to abide by the HOA rules, and there is...
People preparing for a real estate transaction need to go over their paperwork carefully. Frequently, buyers don’t spend much time reviewing deeds or mortgage notes prior to signing them. However, they may look over the details included on their final financial settlement statement very closely. The final settlement statement provided...
People who are interested in leasing a commercial space may focus on things like the location and the features of the property. There’s another critical thing that they need to review – the lease. Commercial leases are much different than residential leases. There are several different types of commercial leases...
Some things in life provide the “you’ll know it when you see it” feeling. Just ask any woman who has shopped for a wedding dress. You also get that sensation when you find the perfect house. It’s hard to contain your excitement when making an offer, but it’s essential to...
As you work on your estate plan, one area to consider may be using a power of attorney. There could come a time when someone else needs to make medical, financial or legal decisions on your behalf. A power of attorney allows you to choose your agent in advance to...
People who are purchasing a property must do their due diligence before they complete the purchase. One thing that some individuals may not remember is to check for easements, which are legal rights of another party to use a part of the property for a specific purpose. An easement can...
Listing real property for sale can be a nerve-racking process. Sellers want to list at the right time to optimize how much they make through the transaction. They often secure help staging the home to make it as attractive as possible to potential buyers. Of course, they can’t misrepresent the...
Real estate transactions involve a major financial commitment on the part of the buyer. It is therefore crucial that the person making an offer on a property understand the overall condition of the home. New Jersey requires thorough disclosures when listing real estate for sale. The standard document has 22...
It can take a long time to find a house you like in an area you like that is also within your budget. Once you find one, you may be keen to sign on the line and make it yours before someone else makes it theirs. Before you proceed, it...
If you’ve ever been involved in buying a home, you’ve probably heard about earnest money – which is basically a good-faith deposit that you put down to show the seller that you’re serious about your offer. Depending upon your market (and how much of a competitive edge you’re trying to...
With joint tenancy, two people can share ownership of the same real estate, with equal ownership shares. While co-owners don’t need to be related, it is common for parents to use joint tenancy with their children. The primary reason for this is to simplify the transfer of property after the...
The environment has turned into a very divisive subject. It has led to protests, boycotts and more. At the same time, some big-name business owners and politicians have made it very clear that they oppose environmental restrictions or policies they believe are hindering their right to do business how they...
Buying a home is an exciting journey, but it is also associated with a mountain of daunting paperwork and legal responsibilities. In New Jersey, real estate transactions are regulated by strict laws, and making sure that all paperwork is accurate and complete is crucial. Failure to meet these requirements can...
As you likely recognize, real estate transactions in New Jersey can be complex. If a title dispute arises, the complexities can increase. These disputes can delay or even derail a transaction, making it crucial to understand potential title disputes and how to address them. Here are some examples. Boundary disagreements...
Conducting a title search is one of the most important steps when buying a home. You don’t want unpleasant surprises after purchasing the property, such as unresolved ownership claims, boundary disputes, unpaid taxes or liens. A title search involves examining public records related to the property, like deeds, mortgages, tax...
This spring, we discussed the settlement of the class-action lawsuit against the National Association of Realtors (NAR). The most far-reaching effect of that settlement, as we noted, was that real estate agent’s sales commissions would be negotiable, which would likely lower them in most cases by a couple of percentage...
There are many different ways to structure a commercial lease. It is very important for both the landlord and the company owner to understand exactly what they’re agreeing to and what obligations they will have. This is especially true with commercial properties because the business has certain operating costs and...
Renting a residential unit to new tenants isn’t just a source of income. It is also a risk. Landlords never really know what a tenant intends to do once they assume occupancy of a property. In some cases, they may cause extensive damage to the property. Behaviors ranging from smoking...
Home staging involves decorating a property to make it more appealing to potential buyers. Professional stagers use furniture, artwork and accessories to create a welcoming atmosphere and highlight the home’s best features to would-be buyers It’s easy to get captivated by a beautifully staged property when searching for your dream...
If you have never made an estate plan before, then now is the time. An estate plan can help ensure your assets are managed after you pass away. You can also instruct how your medical care should be taken care of with the use of an estate plan. Estate planning...
You and your business partner started your company with the goal of working together for decades. This company has always been your dream, and you and your business partner finally made it happen. Unfortunately, your partner doesn’t share your enthusiasm for staying at the business long term. They want to...
Zoning is a term used to describe how local authorities designate certain areas for certain activities. For example, one part of town may be zoned for housing. If someone applied to build an industrial plant in the middle of that housing zone the authorities would likely refuse, because it would...
Commercial real estate can be a smart investment for those with liquid capital. Unlike residential properties, which may have tenants calling at 2:00 in the morning because they locked themselves out, commercial properties can be a more hands-off source of revenue. The leases last for longer, and landlords can sometimes...
When someone threatens to target your business in a lawsuit, your actions can protect or jeopardize your company. It can be a stressful and confusing time, but a measured approach can help you stay focused. Following these guidelines allows you to take things one step at a time, possibly preventing...
A tenant who causes too many problems can seriously impact the business as well as the overall environment of the property. They may damage the property or the property’s reputation, prompt other tenants to move out or even discourage new clients from renting. One solution available to landlords is eviction....
If you do not have an estate plan, you are not alone. Only about a third of Americans have estate plans. What is stopping you from making your estate plan? It could be because you do not know if it is the right time to make your estate plan. However,...
The “Sunshine Law,” also known as the Open Public Meetings Act, grants the general public the right to attend meetings and observe public bodies’ decision-making processes, such as Homeowners’ Associations (HOAs). The goal is to promote transparency and accountability within governing organizations. All HOA meetings, including annual and board meetings,...
When someone buys real estate in New Jersey, what they technically purchase is the title to the property. A home’s title indicates who currently has ownership rights and control over the property. There can be title defects that impact someone’s use and ownership of a property, such as easements or...
When a new renter signs a lease, the landlord will typically ask for a security deposit. This deposit may be given back at the end of the lease. It’s supposed to be used in case anything major occurs in the apartment and needs to be repaired. Under New Jersey law,...
The New Jersey Exit Tax is a real estate transfer fee imposed on sellers leaving the state. It applies to residential properties sold by individuals or businesses relocating out of New Jersey. Here, you can learn more about the exit tax and how it may affect you. Purpose The primary purpose of...
Dealing with unpaying customers can be a daunting affair that not only affects cash flow but also disrupts the smooth functioning of business operations. When customers fail to pay their debts on time, it creates a ripple effect throughout the business. If you have business customers lagging behind on debt...
While you’re reviewing, initialing and signing the seemingly endless documents involved in a real estate transaction, you may give little thought to the commission that the selling real estate agent gets for their work. Many people have no idea whether it’s reasonable or not. They just consider it part of...
New Jersey landlords often require sizable deposits when renting out properties to new tenants. State law limits security deposits to one-and-a-half month’s rent. Generally, there is an expectation that a landlord should return security deposit funds in full shortly after a tenant ends their tenancy. However, in a limited number...
If you’re a first-time home buyer, it may seem rather surprising to offer someone such a substantial sum of money. When you put in your offer on a house, it’s probably more money than you have spent on one item in your life. Most buyers can’t even afford to do...
Having rental properties can be a lucrative source of income, but that’s only the case if a landlord has tenants who pay on time and don’t damage the property. Unfortunately, almost every landlord has deal with the eviction process at some point. The laws in New Jersey regarding residential evictions...
Running your own company can bring a lot of personal and professional satisfaction. You get to be your own boss and represent a brand that you have built. That being said, running a business is by no means easy. There are a number of potential legal disputes that you may...
Before finalizing the purchase of a house, it’s crucial to conduct a walkthrough. A walkthrough serves as a final inspection, allowing buyers to ensure that a property meets their expectations and is in as-promised condition. Skipping this step in the purchasing process can lead to unforeseen issues and regrets down...
When it comes to purchasing or leasing commercial real estate in New Jersey, one crucial aspect that is often overlooked is zoning laws. These regulations can significantly impact the use of your commercial property. Therefore, understanding them is essential to avoiding potential legal issues. What is the purpose of zoning...
When someone buys a home or another piece of real property in New Jersey, what they pay for is the title to the property. New Jersey state authorities on the county level maintain clear records about the title history for a property to help ensure there are no unnecessary conflicts...
Going into a business partnership with a like-minded person or group of people can be rewarding in many ways. Besides pulling resources together, a business partnership also lets you share your skills and experiences. But what happens when you discover that the person you trusted is dishonest? Specifically, what happens...
With both residential and commercial properties, a property inspection is an important part of the transaction process. Many buyers will use a contingency clause saying that they can walk away from the deal if the property fails that inspection. They do not want to risk making a binding offer without...
Evicting someone from their home is much more stressful for landlords than you might expect. The eviction process can also expose them to risks and liabilities if they do not follow the proper procedures and respect the tenant’s rights. Before you begin the formal eviction process, take steps to protect...
Someone who purchases or inherits real property in New Jersey will have a financial interest in preserving their ownership rights. Typically, those who own real property have the right to use the property, leverage it as collateral for a loan or sell it to other people. Occasionally, the actions of...
New Jersey is brimming with entrepreneurial spirit and industrial diversity, attracting many diverse business types. Those looking to start a new enterprise here may have good odds of gaining a foothold in the state consumer market. However, you must make a few essential decisions before your business dreams can come...
There are many benefits to buying a home from an estate. The personal representative conducting the transaction will likely have less of an emotional attachment to the property than someone who lives there full-time. There is often pressure to complete a sale as quickly as possible, as homes that sit...
Title records help to clarify ownership of real property and also the financial rights of those with an interest in the property. Title records can show easements held by a third party or liens obtained by creditors and financial institutions. Title records, therefore, help to protect an individual’s interest in...
Home buyers often benefit from hiring inspectors. Inspectors evaluate homes for major issues that could create problems for buyers in the future. Essentially, a home inspector helps buyers from purchasing homes they later regret. Home inspectors often do thorough examinations of homes. Here’s what they may find: 1. Weathering and...
Like many people, you may have created an estate plan earlier in adulthood – maybe when you started a family. Unfortunately, it may fail to address your needs as you enter your senior years, even if you regularly update your documents. Many things about your life can change as you...
Real estate investments can generate profit in a number of different ways. Sometimes, investors repair or improve properties and resell them for more than they purchased them for. Other times, they turn their investment strategy into a source of ongoing income by renting one or more properties out to others....
No one wants to imagine the possibility of someone else raising their child. But life has its share of uncertainties. As difficult as it is, the decision to designate a guardian for your child is one that you should never overlook. A guardian is basically an individual you nominate in...
For a short time, there was a trend where buyers would write love letters about homes that they wanted to purchase. They would then give these letters to the owners of the homes, along with their offer. The basic idea was just that the person who wanted to buy would...
Digital technology allows you to do many things entirely online. You can shop for groceries, purchase eyeglasses or make valuable investments without leaving your home. Online technology may even allow you to purchase a new home with little or no face-to-face contact with any of the involved parties. Buying a...
Contingency clauses are often used when people make an offer on a home. A potential buyer will put different stipulations on that offer. These have to be met in order for the offer to stand. An example of this is when there is a contingency regarding a home inspection. The...
The average landlord would prefer to keep the same tenants for as long as possible. Provided that the occupants of a unit pay their rent and don’t cause any major issues, keeping them in a unit is generally more cost-effective than marketing the space to new tenants every couple of...
One of the things people don’t always realize when making an estate plan is that their plan can be updated. While an estate plan isn’t at risk of expiring, an out-of-date estate plan may make your wishes unclear for your executor and heirs. Some people schedule to update their estate...
Inheriting a home – particularly one you don’t plan to live in – can be a mixed blessing. Chances are that eventually you’ll be able to sell it for an amount that more than makes up for any time and expense you put into fixing it up and dealing with...
When you find your dream home and resolve to purchase it, you need to get everything right from the word go. After all, you are looking for a sanctuary for your family. But before signing the sale agreement, it is in your best interest that you exercise certain due diligence....
Estate planning is a complex matter and it can only seem more daunting when misinformation is believed. To help you as you make an estate plan, you may need to debunk some old myths. Here’s what you should know: Myth 1: You must be over 50 years of age to...
The passing of a loved one is undoubtedly a difficult time for anyone. It becomes even more challenging when suspicions arise regarding the legitimacy of their will. Undue influence occurs when an individual manipulates or coerces a testator into creating or altering their will to benefit themselves. Identifying signs of...
Every residential tenant could potentially damage a property while living in a particular space, and their actions could cost the property owner money as a result. Tenants can force landlords to make repairs or fail to pay their rent, which is partially why landlords require security deposits. When a tenant...
You may be considering buying a new home, and perhaps you’re thinking about getting one with a rental property. An example of this could be a duplex. You and your family could live in one side of the duplex while you rent out the other side of the property. There...
Will creation is a crucial part of the estate planning process. By dedicating time to creating one, you are taking full control of your legacy as well as your loved ones’ futures. Better still, you will be taking the guesswork out of the picture as far as your wishes regarding...
Some home buyers prefer buying in a region with rules. A homeowner association (HOA) has regulations governing an area. This improves sanitation, guarantees security and protects properties’ values. Moving into such a neighborhood can be an exciting move. However, at times, the promises the HOA gives you may not be...
You’re ready to sell your home – but there’s an involuntary lien on it that you know is going to cause problems. It could be a tax lien, a judgment lien from an old debt or a contractor’s lien that’s leftover from a construction dispute. You’re afraid that will prove...
Local demand, interest rates and even recent history in a specific neighborhood can all influence what property is worth on the real estate market. Sellers try to get the maximum price for their property when listing their homes or investment holdings, while buyers want the most reasonable price for the...
Being a trustee comes with enormous responsibilities. These individuals are responsible for administering the trust upon the grantor’s demise. This involves ensuring that the grantor’s wishes are executed per the provisions of the trust instrument. To effectively execute their role, a trustee must put the interests of the trust as...
There are many ways for creditors to push someone who has fallen behind on their scheduled payments. Often, basic collection efforts can bring a past-due account back into good standing. A phone call advising someone that an account will shortly go to collections might be enough to prompt them into...
Most landlords maintain a positive relationship with tenants for years, but some experience issues. If you and your tenant are in dispute, it will help to resolve it sooner. But, if it’s irreconcilable, you may ask them to leave. Unfortunately, evicting a renter is not that easy. The New Jersey...
Your estate plan is more than just a will. It includes multiple documents that outline what should happen to your estate after you pass away, and if you have advance directives or living wills, it outlines what your heirs can do while you are living. What you include in your...
Older Americans sometimes delay their estate planning for far too long. This can backfire on them — and even more so on their surviving spouses and any dependent children. You want to do the right thing for your heirs and beneficiaries, but in these uncertain times, you hesitate to put...
What do you do when a member of the condo or homeowners association (HOA) board just isn’t doing their job? Worse, what do you do when they’re toxic and disruptive? You want to get rid of them, naturally, but you’re not entirely sure how to do it. If you’re lucky,...
You have probably heard the phrase, “Speak now or forever hold your peace” in weddings. It implies that anyone objecting to the union has a chance to raise their issue at the moment or forever withhold their objections. A quiet title action works in the same way, only with the...
If someone in your family has certain disabilities, they may qualify for Medicaid and other government benefits based on their financial situation. However, to ensure they continue receiving the care they need, you may want to give them an inheritance after you pass. If you don’t do this properly, the...
Whether you’re buying or selling a piece of real estate, it’s a big decision. The finances involved are usually significant and there’s a lot at stake. Often, real estate deals go through smoothly, but this isn’t always the case. Sometimes, a buyer will try and back out of a sale....
Entering a business partnership with someone can be a great way to move a company forward. Yet, whether you do it from the outset or once the business is up and running, one thing is crucial. You must create a solid partnership agreement. Here are some of the things the...
Question: When is the ideal location for something not ideal? Answer: When zoning laws prohibit you from doing the thing you want in that location. Local authorities use zoning laws to control how an area develops. They can use them to encourage new investment in deprived areas or to prevent...
The dream of homeownership should be available to everyone in New Jersey, regardless of race, color or national origin. But the reality for many people of color is that they often face discrimination when trying to buy or sell a home. One version of this frequently happens at the appraisal...
Maybe you just moved into your new home a little over a year ago when someone shows up and claims to have a partial ownership interest. Perhaps you have already owned the property for years. Title claims could be the result of mistakes during estate administration, fraud, problems with property...
You just found the perfect property to invest in. Unfortunately, you won’t be around to finalize the purchase. Now you’re conflicted about whether you should stay home to finalize an investment or go on your overseas trip. Instead of being split between traveling and investing in property, you may have...
You may have started your estate planning by looking at the financial assets and the sentimental items that you know your children are going to want. However, you also need to deal with your real estate in your plan. This could be a family home, for instance, or a cabin...
The homeowners association (HOA) in the community where you live helps preserve your property value and guarantees your quiet enjoyment of your home. The HOA establishes certain community standards and then enforces those rules by regulating access to shared spaces and assessing fees when appropriate. The HOA will also collect...
While real estate contracts are fairly straightforward, mistakes still happen. Even seasoned real estate agents make them from time to time. The best way to avoid errors with a real estate contract is to know the most common ones. Not filling in the entire contract There should never be blank...
Contingency clauses are often used in home sales. These contingencies have to be met in order for the seller and the buyer to be contractually obligated to work with one another. The potential buyer will put the contingencies in when they make the offer, and they only have to honor...
As the landlord, you cannot evict a tenant whenever you wish. You must follow the law, or else it may amount to an illegal eviction which could come with undesirable consequences. First, you must have good cause to evict the tenant. Some valid reasons include: Non-payment of rent Repeatedly acting...
When you apply for Medicaid, your application is subject to a review of your spending. This is known as the five-year look-back period. During that period, Medicaid checks for ways in which you might have spent money that could have been used to help with your current medical care. For...
After months of more demand than supply and frequent bidding wars, the real estate market in New Jersey has started to shift. With the increase in interest rates has come a drop in buyers wanting to get to the closing table. Some sellers now find themselves in the awkward position...
A will is one of the most important legal documents you can ever create during your lifetime. If you die without one (intestate), the New Jersey laws will determine how your hard-earned assets are distributed. A properly written will, on the other hand, can give you peace of mind knowing...
When you create a will, you do so to eliminate potential confusions and conflicts that may arise regarding the fate of your assets. However, if you have concerns about someone disputing your will, it helps to figure out how you can protect it. One of the steps you can take...
Planning your estate gives you control over what happens to your property and also allows you to provide support for your loved ones when you can no longer physically be with them. What happens to your home will matter to the people who live with you and to those who...
Talking about your mortality and what you want to happen to your wealth when you are gone may seem awkward. In fact, talking about death and money at the same time can be taboo in most households – so this conversation rarely happens. However, no matter how controversial and uncomfortable...
If you have ever completed the mountain of paperwork necessary to buy a house, you may wonder how on earth a place can end up with title issues. Surely all that is needed is for sellers and buyers to sign, and the proof of transfer of ownership will be clear?...
Creating your estate plan gives you a chance to dictate what happens to your assets when you pass away. People can pass along assets through their will, but many opt to establish trusts for doing this for a variety of reasons. When you look into trusts, you’ll notice that every...
House prices are soaring, and mortgage companies are scrutinizing buyers harder than ever before. You need great credit, a lot of money to put down and extra cash for all appraisals and other “extra” costs of purchasing a home. When you’re paying more for rent every month than you would...
You have searched for a new home for several months now. Finally, something has come up. You’ve spotted the ideal house. It has great facilities and plenty of space for your young children. The house is also for sale at a price that is well within your budget. It almost...
If you have a difficult tenant who you want out of your premises, frustrating their stay sounds like a sure way of getting them to vacate. Turning off their utilities like water, heating or power may seem like the perfect plan, but it is not. You could get in legal...
You try to vet your tenants so that you don’t have any issues and you get good tenants who are respectful of the space and who work with you every step of the way. But you don’t always have enough time to make sure that you’ve gotten this perfectly right,...
Thinking about a time when you are ill or nearing the end of life is uncomfortable but crucial. Most people want to retain control over their healthcare for as long as possible. However, not enough realize that estate planning can help you do just that. In estate planning, you have...
You run a construction company, so you’re always wary that clients may make claims that you have built them a defective property. In some cases, these claims have absolutely no grounds, such as when the client simply doesn’t like the aesthetic choices but you followed their plans and instructions perfectly....
If you are a landlord of rental properties, then you have lots of responsibilities. You’re the go-to person that agitated tenants call when their toilet overflows, the air conditioning won’t cool their unit or the heat balks in January. But what are you legally required to do to ensure that...
An easement is a legal arrangement that means someone who does not own a piece of property does have a legal right to use it. There are many examples of how this happens, but one of the most common is when a person shares a driveway with a neighbor. That...
Zoning rules help protect the characteristics of a community and the environment. However, sometimes they need to change to reflect the changing characteristics of a neighborhood. Property that was once commercial or even industrial could become a residential property. Such conversions, involving everything from old industrial buildings to vacant office...
Most people don’t sell a home very often, and that can leave you a little fuzzy about the rules you have to follow. You know that there are certain disclosures you have to make about the property that could affect both its value and any potential offers you might receive....
Contingency clauses are legal devices people use when buying and selling property, giving them a reason to break the contract. These contingency clauses can take on many forms. For example, one of the most common contingency clauses is that the sale is dependent on the buyer securing financing. When the...
If you live in a homeowner’s association, then there is a chance that you could run into issues with the HOA. One possibility is that the HOA could ask you to sell your home. HOAs can’t technically force you to sell your home, but an HOA could enforce rules or...
Real estate is highly valuable when compared with almost any other kind of property. Therefore, there is a major incentive for people to steal it or make fraudulent representations about their ownership of a property. Even if someone doesn’t want a specific piece of land, they could use it as...
There are numerous reasons why New Jersey landlords may want to evict the tenants currently occupying one of their rental units. One of the most common issues is the non-payment of rent. There are certain regulations that apply to evictions for financial purposes. There are others that apply for evictions...
You love your neighborhood. While you aren’t averse to progress or change, there are some changes you’d rather not see. For example, the idea of your neighbors getting a variance that will allow them to build a chicken coop in their backyard or turn their Victorian home into a bed...
Few of us can remember a time when Americans were so fiercely divided on political issues – and lately, it seems like just about everything has become a political issue. Many people prefer to keep their opinions largely to themselves. Others want to share them far and wide. This can...
An estate plan is more than a will. It’s a collection of documents dictating what will happen to your estate after your passing and, in the case of living wills or advance directives, what your heirs can do when you’re still alive. In theory, whatever you put in your estate...
When a person decides to sell their home, they are obligated to disclose a number of things. Examples include known water damage, fire damage, major foundation issues and the like. Essentially, if the seller knows that there is a problem with the house, they have to tell the buyer to...
As a landlord, you got into the real estate market to make money. You enjoy the passive income from your tenants, but you have other opportunities on the horizon. As a result, you want to sell the properties that you’ve collected over time, so that you can invest in new...
The title records for your home reflect your ownership and the financial status of the property. Mortgages or other debts may appear as a lien against the property, allowing creditors and lenders an opportunity for repayment whenever there is a transfer of title. Having a clean title is necessary if...
Closing a successful home sale and getting the best price for your investment is every seller’s dream. In New Jersey, as is the case across many states, low inventory and eager buyers have seen property prices soar in recent times. If you’re thinking about selling, it’s a great time to...
There are many checks you should carry out before purchasing a property. One of the most important is to ensure the real estate has a clear title. A clear title means that no one else has an ownership claim on the property. In other words, when you buy it, it...
A properly written estate plan can give you peace of mind knowing that your loved ones, assets and interests will be protected after your passing. But, your estate plan can also be a fertile ground for potentially costly mistakes. Whether due to improper planning or oversight, estate planning missteps can...
The relationship between a landlord and tenant can be a tenuous, evolving thing. Some relationships run smoothly with the individuals only crossing paths and the beginning and end of the lease while some relationships are rocky from the outset. Unfortunately, it is not uncommon for a landlord/tenant relationship to turn...
Real estate investing is a potentially lucrative and rewarding undertaking, but mistakes can turn profit to loss in a hurry. Forbes has recently explored some of the most common real estate investment mistakes and offered advice on how to avoid them. This information can serve as important guidance for novice...
Are you currently working with a New Jersey property management company? We advise many owners and landlords who are looking for help with legal situations that could have been avoided if they were working with professional managers. It’s easy to make an expensive legal mistake when you’re leasing a rental...
Everyone loves their pets. If you own a dog or cat or a ferret or some fish, you probably think of them more as part of the family than as pets. The same is true of tenants. A majority of renters in New Jersey have at least one pet. They’ll...
A lot of the landlords we work with come to us for legal help when their tenants aren’t paying rent on time and they have to start thinking about eviction. You can avoid eviction and all the expense and stress that comes with it by ensuring your rent is collected...
If you haven’t had a New Jersey landlord/tenant attorney review your lease agreement, you could be putting yourself at risk. A strong lease is essential in the effective management of your rental property because it gives protection and direction to both landlords and tenants. It protects your property and serves...
Each state has a legally imposed time limit for plaintiffs to file a civil lawsuit against a person or a business. This is called a statute of limitation and the time limit is an important way to preserve the evidence that is intended to be brought out while proving or...
Small business owners in New Jersey can suffer devastating losses if they find themselves in a lawsuit. Nothing is more heartbreaking than pouring all of your time, energy and money into a business that you believe in only to have it destroyed by someone who sues you. We know that...
Preparing to start your own business is a time of excitement and anticipation. While it is overwhelmingly a positive time in the lives of many entrepreneurs, it is also a risky period. If you do not have the right foundation and structure in place, it will be difficult to build...
Many of the landlord and rental property owner clients that we work with struggle to understand New Jersey security deposit law. It is important to have your facts straight and to understand your obligations as a property owner because in the case of a dispute between you and your tenant,...
