We Understand The Ins And Outs Of Real Estate Law

 

 

 

Can an HOA or condo association prohibit short-term rentals?

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...

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Four smart reasons to have your business contracts reviewed

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,...

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A practical approach to recovering unpaid invoices

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...

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How to include inherited antique artwork in your estate plan 

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...

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3 common causes of real estate disputes

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...

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Is it risky to sublet without permission? 

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...

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When can a judge help address title issues?

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...

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What to expect during high-value estate litigation

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...

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Is lease assignment possible when a business fails?

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...

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3 key elements every debt validation notice must include

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...

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What rules can an HOA enforce?

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...

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Types of commercial leases

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...

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When can you get your earnest money back?

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...

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Why should businesses try to be sustainable?

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...

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Is a title search necessary when buying a home?

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...

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How does a triple-net lease work?

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...

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Buying a house? Do not be fooled by home staging

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...

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What happens if your business partner wants out? 

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...

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Can I get a zoning variance?

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...

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When can a landlord evict a problematic tenant?

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....

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HOAs and New Jersey’s Sunshine Law 

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,...

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Understanding the New Jersey exit tax

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...

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Tips for effective debt collection

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...

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What should landlords know about New Jersey evictions?

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...

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My partner is stealing from the business. What do I do?

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...

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Need to evict a tenant? 4 steps to take in advance

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...

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Most inspectors look for these 5 issues in homes

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...

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3 risks of purchasing a home online

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...

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Is it necessary to update an estate plan?

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...

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4 estate planning myths debunked

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...

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Signs of undue influence in your loved one’s will

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...

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What to do when in dispute with your HOA

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...

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2 mistakes to avoid when evicting a tenant

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...

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What is the purpose of a quiet title action?

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...

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What to know about special needs trusts

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...

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Why do some real estate deals fall through?

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....

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2 things to include in a partnership agreement

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...

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Can your New Jersey HOA hold closed-door meetings?

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...

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Common errors in real estate contracts to avoid

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...

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Common home sale contingencies 

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...

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Planning for elder care with Medicaid

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...

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What makes a will valid in New Jersey?

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...

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How do I discuss my will with my loved ones?

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...

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Should you consider a rent-to-own home?

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...

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5 issues often caused by problem tenants

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,...

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What is a latent defect in construction?

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....

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Do you need to re-zone a vacant property to develop it?

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...

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What is a home sale contingency?

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...

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Can an HOA force you to sell your home?

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...

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Can a New Jersey HOA limit your political signs?

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...

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Why can someone challenge an estate plan? 

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...

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Landlord/tenant disputes: The security deposit

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...

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Three real estate investment mistakes to avoid

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 mistakesand offered advice on how to avoid them. This information can serve as important guidance for novice investors...

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The Lease Agreement and Rental Lease Renewal Process

about:blank 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...

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New Jersey Security Deposit Laws

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,...

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