New Jersey Real Estate Legal Questions

What did your contract of purchase say about the promised incentives?  Why did you close on title if the incentives were not installed/built?  Did the seller actively mislead you about whether the incentives were installed/built?  The general rule is that, after the closing, the buyer cannot enforce statements or agreements made by the seller before the closing.  If the buyer accepts the deed, it means legally that the buyer is happy with the house on the day of the closing.  There is an exception, however, if the seller committed fraud, or actively hid material defects. If that did not happen here, you are probably not going to be successful in suing the seller.... Read More

You may.  It sounds from your description as if your husband may have defrauded you.  If he lied to you about what you were signing, and the result was that you signed over to him your interest in your mother-in-law's home without knowing it, then you MAY have a case against him.  I am not a litigation attorney, so I don't usually deal with these matters.  However, it seems to me that while you may have a claim, proving fraud in court will not be easy.  This is true especially if there were no witnesses (other than you and your husband) to the events.  It will be your word against his in that case, and since you as the plaintiff have the burden of proof of fraud, it may not be an easy thing to win.  It would help if you have some other evidence to show he lied to you about what the papers you were signing meant.  A letter perhaps, or a note from him to you saying what the documents were. Good luck.... Read More

The way you stated the facts is a little confusing.  It appears that your father died and your mother was alive when he did so.  It also appears that he left a will. Was the will taken through probate?  If so, was the condo transferred into your mother's name or did the will provide that someone else would get the condo?  You said your father left the condo "to no one" in his will.  However, wills almost always have a "residuary clause"; this is a general gift of anything of the decedent's property that has not been given away under other clauses of the will.  Are you saying that your father's will did not have such a clause?  That would be very surprising. However, if it did not, then the condo would pass to your mother under the laws of intestacy - meaning there was no will covering this particular property.  This would not happen automatically - your mother would have to go to the Surrogate and get letters of administration issued, and then cause the deed to the condo to be transferred into her name. So, it is unlikely that you as the son would be liable for these costs.  However, you MIGHT be liable if either (1) your father's will did have a residuary clause and you are the residual beneficiary (i.e., your father gave you the remainder of his property - including the condo - in this clause) or (2) you are living in the condo and the condo documents hold the occupant as well as the owner responsible for these costs.... Read More

The facts are not clear from your description so it will be hard to provide an answer.  Is the condo worth something, even with the mortgage?  If so, you should be paid for your interest if you deed your interest to your partner (this is the same as "taking your name off the deed").  If the amount owed on the mortgage is more than the condo is worth, then your partner may be unwilling to have you off the deed, since you have been paying half the maintenance and mortgage payments.  Why do you want to get off the deed?  Maybe you can negotiate with your partner to sell the condo and take half the proceeds after paying the mortgage.  Maybe you can negotiate to have him take over the payments but be repaid out of sale proceeds when it sells.  But without your partner's cooperation, there is not much you can do.... Read More

You cannot remove a person from the mortgage without the lender's consent.  And the lender is unlikely to give consent where it feels that removing the person from the mortgage will make it harder to collect on the loan.  Also, if your name is on the deed, the lender will not consent to removing your name from the mortgage.  All parties on the deed must sign the mortgage - otherwise the lender cannot foreclose all ownership interest in the property. You did not mention whether you signed the mortgage loan note - did you?  ... Read More

I assume that you and the deceased partner were tenants in common on the deed.  I also assume that the sibling of the deceased inherited his ownership interest in the house through either a will or intestate administration of the estate. Therefore, you and the sibling are tenants in common today.  That means that either of you is entitled to use the property, and neither can exclude the other from its use.  You are equal owners.  As to personal property, that is still yours and he cannot deal with your personal property in any way - move it, store it or sell or dispose of it - without your consent. You and he will have to come to some arrangement as to what you will do with the house.  If he wants to live there, he needs to compensate you for half of a fair market value rent - he is not entitled to live there for free.  If he leases it out to a tenant, you are entitled to have the rent - although you would also be obligated for half the cost of upkeep.... Read More

You must follow all lawful terms of the lease as well as comply with law as a tenant.  It sounds like your proposal might well violate both the lease (since most leases have clauses preventing tenants from making changes to the apartment, even temporary changes, without the landlord's consent) and the fire code/ordinance of the muncipality.... Read More

Are you speaking about your deed?  There is really nothing you need to do if the original deed between you and your dad was drawn up properly.  All you would need to prove you are the sole owner is the original deed (assuming you and your dad were listed as "joint tenants with right of survivorship") and his death certificate.... Read More

Since the contract is final and binding, you can lawfully exit the contract only if the contract allows you to do so.  Typically in a short sale contract, the only ways to exit are (1) if your mortgage does not come through, (2) if your inspections find significant problems with the house and the bank or seller will not repair, or (3) if the approval of the seller's lender for the short sale takes longer than the contract allows.  I don't know the details of your particular contract, so this is just a guide to what it typically there.... Read More

the answer depends on where you are in the process of your lawsuit and what type of matter it is.  If you do not want to keep the lawyer, but its right before the trial, there could be some problems.  usually the only procedure required is to notify your attorney in writing that you do not want him or her working for you any more and ask when you can pick up the file. ... Read More

If you sold the house "as is" and the buyer had the opportunity to do an inspection you are not liable.  If you did not know that the bathroom was hooked up to a septic, then you are not responsible.  If you did know, and did not reveal that information, there could be liability.  There are many houses that are serviced by septic tanks and it is the buyer's responsibility to find that out. ... Read More

A property that is in joint names with right of survivorship is not considered to be in the decedent's estate governed by a will, since it passes by operation of law to the surviving tenant.  However, it IS within the taxable estate of the decedent, for both federal and state tax, unless some exemption would apply.... Read More

If the will says that the mortgage is to be paid off, it can be paid with money in the estate.  If the will does not say that, then the property passes to the beneficiaries with the mortgage.  If your uncle is still alive he is entitled to 2/3 of the house.  You father does not have to pay off the mortgage, but he takes his 1/3 share subject to the mortgage.  Therefore, when the house is sold, the mortgage is paid off and your father gets a 1/3 portion of the net proceeds. ... Read More

It depends on what the lease says about whether both parties must sign.  If the lease makes each party jointly and severally liable for the lease, then the party who signed as tenant may be liable for the whole lease even if the other tenant did not sign.  If the lease says it is not effective until all parties sign, however, then you very likely can void the lease without the last signature.  However, this may have to be taken to court if the landlord resists.... Read More

The first place to look would be at the timeshare contract itself.  This will have provision, if any, for termination or buyout.  Second, you should check FL law to determine if there is any way to end a timeshare contract that might override the contract terms.  I am not licensed in FL, so you should try to get a FL attorney to answer that part.... Read More