Blog Category | Real estate law
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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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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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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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...
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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...
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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...
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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...
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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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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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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...
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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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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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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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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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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...
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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...
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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....
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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...
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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...
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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...
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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...
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