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New Jersey Residential Real Estate Legal Questions

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144 legal questions have been posted about residential real estate by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
New Jersey Residential Real Estate Questions & Legal Answers - Page 2
Do you have any New Jersey Residential Real Estate questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 144 previously answered New Jersey Residential Real Estate questions.
Residential Real Estate
New Jersey

Recent Legal Answers

do you have to be in a contract first in order to have a home inspection done, on home looking to purchase...in state of new jersey

Answered 9 years and a month ago by Edward Jay Zohn (Unclaimed Profile)   |   1 Answer
Normal method in NJ is to have a firm contract first, then do inspection. You can always backout after inspection if the seller refuses to repair defects or environmental conditions. Call if you need help. Edward Zohn, Attorney at Law 908.791.0312
Normal method in NJ is to have a firm contract first, then do inspection. You can always backout after inspection if the seller refuses to repair... Read More

Purchased new home with understanding that hoa was specifically meant for maintenance of retention basin and common grounds.all 16 homes are now occu

Answered 9 years and a month ago by Edward Jay Zohn (Unclaimed Profile)   |   1 Answer
The plan documents should have stated exactly what the HOA was supposed to cover. Respectfully, you are assuming your interpretation is correct, but it may not be. You need an attorney to review all the plan documents to determine the rights and responsibilities of the HOA.  If you would like me to help, please call. Edward Zohn, Attorney at Law, 908.791.0312... Read More
The plan documents should have stated exactly what the HOA was supposed to cover. Respectfully, you are assuming your interpretation is correct, but... Read More

I am dealing with an attorney who I believe is unethical. I am buying a condo 'as is' and it should be a simple matter.

Answered 9 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
If you have concerns, you can always contact the Office of Attorney Ethics.  It may be that the attorney is not unethical, just not able to do the closoing or not attentive to the needs of the clients.  
If you have concerns, you can always contact the Office of Attorney Ethics.  It may be that the attorney is not unethical, just not able to do... Read More

Paying highest property tax on the smallest home

Answered 9 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
The cardinal rule is do not compare assessments - only fair market value.  You can argue property class, size, etc, but the best evidence is an appraisal which determines fair market value.  
The cardinal rule is do not compare assessments - only fair market value.  You can argue property class, size, etc, but the best evidence is an... Read More

Is it true in NJ that a contract to buy real estate can be canceled in the first 3 days only by the buyer's lawyer, not by the buyer himself ?

Answered 9 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
No - but if you have been dealing through a lawyer, the seller will expect to hear from another lawyer, and the lawyer for the seller may be reluctant to speak to you. 
No - but if you have been dealing through a lawyer, the seller will expect to hear from another lawyer, and the lawyer for the seller may be... Read More

House Closing

Answered 9 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
Once you close on the house, you no longer own it and have to get out.  There is no waiting period.  You've sold the house and the new owners have the right to occupy it.  You can sometimes enter into an agreement with the new owners but that is entirely up to the new owners. ... Read More
Once you close on the house, you no longer own it and have to get out.  There is no waiting period.  You've sold the house and the new... Read More

If I, a nonplumber, attached a gas lin to a clothed dryer, how long is my responsibility for this after I sell my house?

Answered 9 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
If the property was inspected, or sold "as is" then your responsibility ends when the house is sold.  
If the property was inspected, or sold "as is" then your responsibility ends when the house is sold.  

How to get buyer/tenants out of my home after short sale was declined. Their tenancy was based on their purchase And now will not leave/pay?

Answered 9 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
Failure to pay rent is a cause for eviction, as well as violation of the lease purchase agreement.  Unfortunately, you will have to file for eviction.  
Failure to pay rent is a cause for eviction, as well as violation of the lease purchase agreement.  Unfortunately, you will have to file for... Read More

Who is the LANDLORD ? LANDLORD who signs as a lease must be the owner of the property, another person registered in Public Records or can be anyone ?

Answered 9 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
The landlord is whoever signs the contract.  The owner of the property may have a property manager, or management company leasing the property.  You are entitled to know the ownership of the property, and get proof that the person signing the lease has the owner's permission to be the leasing agent.   ... Read More
The landlord is whoever signs the contract.  The owner of the property may have a property manager, or management company leasing the property.... Read More

How to I go about consolidating 2 adjacent properties into one. I own both properties and was told there was a simple form I could fill out, but I am

Answered 9 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
Go to your local zoning office and ask about what needs to be done.  They wll help you.  However, I would be careful about doing this because it is very difficult, if not impossible, to undo.  If you have the property as a separate lot, you can always sell one of the lots, once they are consolidated you cannot.  Unless you are consolidating to have enough square footage to be able to build on the property.  ... Read More
Go to your local zoning office and ask about what needs to be done.  They wll help you.  However, I would be careful about doing this... Read More

What do I need to do to get my 12 year old daughters share of real estate left to her in a will

Answered 9 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
The real estate will probably need to be held by you as a guardian ad litem for the estate.  You need to get in contact with the executor or admininstrator of the estate, and have the property put into your daughters name in trust or somehow secured until she is legally an adult. ... Read More
The real estate will probably need to be held by you as a guardian ad litem for the estate.  You need to get in contact with the executor or... Read More

Partition action

Answered 9 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer
In most cases, each party pays his or her own costs unless there is some fee shifting provision in the law.  The party filing the action would pay for his or her own lawyer, and any one objecting to the partion would pay for their own lawyer.  If you anticipate no objections, andthe partion is desired by both parties, an agreement can be made to split the fees involved.... Read More
In most cases, each party pays his or her own costs unless there is some fee shifting provision in the law.  The party filing the action would... Read More

can i sell my own house in new jersey

Answered 10 years ago by attorney Diana L. Anderson   |   1 Answer
You can certainly seel your own house, but someone with knowledge of the documents needed is going to have to prepare the documents.  If the buyer prepares the documents you will have to review them, to be sure that you are not liable for issues that might arise on the property after the sale, or issues that might prevent the sale.... Read More
You can certainly seel your own house, but someone with knowledge of the documents needed is going to have to prepare the documents.  If the... Read More

Can a NJ HOA Board share with other homeowners who is a member in good standing with their association dues?

Answered 10 years and a month ago by attorney Diana L. Anderson   |   1 Answer
Yes - I beleive the list of who is in good standing - meaning who has paid their dues - is public information and that the other members are entitled to know who is a member.  
Yes - I beleive the list of who is in good standing - meaning who has paid their dues - is public information and that the other members are entitled... Read More

My neighbor informed me that according to her survey her fence is positioned between 1.6 and 2.3 feet short of the property line along our back yard.

Answered 10 years and 2 months ago by Edward Jay Zohn (Unclaimed Profile)   |   1 Answer
Adverse possession in NJ is 30 or 60 years, depending on whether the property is developed or not. Even so, the time limit is not the only thing that invokes an adverse possession. You must have some claim of usage. Edward Zohn, Attorney at Law, Warren NJ, 908.791.0312
Adverse possession in NJ is 30 or 60 years, depending on whether the property is developed or not. Even so, the time limit is not the only thing that... Read More

I am sellling a home. It is not my primary home. I have had it for 2 decades. I want to sell it. How can I figure out what the closing costs would be

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
You need to figure in transfer tax (if applicable) capital gains tax (if applicable) and the attorneys cost of preparing the documents.  If you contact a real estate attorney, and give them the value of the home, they will be able to calculate that for you. 
You need to figure in transfer tax (if applicable) capital gains tax (if applicable) and the attorneys cost of preparing the documents.  If you... Read More

I never had an residential tax assessment until October 2014, however my taxes on my house increased to 8,757.70 from 3, 000 in 2005

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
you have the option of filing a tax appeal.  You need to look at your assessed value, not the amount of taxes you are paying.  If your assessed value is more than you think the house is worth, then you should file a tax appeal.  You have to file the appeal by april so do not miss the deadline.... Read More
you have the option of filing a tax appeal.  You need to look at your assessed value, not the amount of taxes you are paying.  If your... Read More

Can I sue my neighbor due to his neglect of his property it is ruining my home?

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
You should try contacting the local Code Enforcement Department and determine if there are any regulations that the tow could have to require them to keep their property maintained.  If their home is causing damage to yours, you do have a cuase of action against them.  
You should try contacting the local Code Enforcement Department and determine if there are any regulations that the tow could have to require them to... Read More

If Items are listed in the MLS report can the seller remove or sell those items after the attorney review?

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
The items included in the listing must be included in the sale.  You should contact your attorney and indicate that those items must be included in the sale.  
The items included in the listing must be included in the sale.  You should contact your attorney and indicate that those items must be included... Read More

Changing Condo Assoc Bylaws

Answered 10 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
It is difficult to give an stimate of costs.  If you have the old bylaws, and have some proposed updates, you have already started the process and done some of the work.  You can speak to a lawyer about reviewing what you have and proposing additional changes and get an exact estimate of cost.  That estimate is really going to depend on wher eyou live, how may units, and how complicated your bylaws are.  We have attorneys in our office that write condo bylaws, if you would like to contact my office I can give you more informaiton. ... Read More
It is difficult to give an stimate of costs.  If you have the old bylaws, and have some proposed updates, you have already started the process... Read More

I stay in apartment in NJ and found bed bug. Now Lease office want me to pay for extermination. Am I responsible for it?

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
It depends on the terms of your individual lease.   the Association is going to be responsbsle for exterminating all of the common areas, but you may be responsible for your individual unit. 
It depends on the terms of your individual lease.   the Association is going to be responsbsle for exterminating all of the common areas,... Read More

Riparian Rights in New Jersey

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
If the funds were held in an escrow account, it is possible that you will receive no interest on that account.  The answer is going to depend the type of account that your money is being held in. 
If the funds were held in an escrow account, it is possible that you will receive no interest on that account.  The answer is going to depend... Read More

Regarding my tenant

Answered 10 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
Yes - once the contract expired it can be a month-to -month lease.  you should indicate that the lease is now month to month and send him notice to vacate. 
Yes - once the contract expired it can be a month-to -month lease.  you should indicate that the lease is now month to month and send him notice... Read More

condo owner being retaliated against by property manager

Answered 10 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
Report the problems with the building to the local code enforcement officer and ask for help in getting the railing replaced.  Code Enforcement will be able to require them to bring the safety issues up to code.    
Report the problems with the building to the local code enforcement officer and ask for help in getting the railing replaced.  Code Enforcement... Read More

Propertyts taxes delinquent

Answered 10 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
If you are late, you will have to pay a penalty.  If the payment is still not received, then the town will sell a tax sale certificate for the unpaid taxes.  That means that someone else will pay the taxes, and you will owe that person 18% interest.  Try to pay the taxes before that happens.  ... Read More
If you are late, you will have to pay a penalty.  If the payment is still not received, then the town will sell a tax sale certificate for the... Read More
Residential Real Estate
New Jersey

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