New Jersey Residential Real Estate Questions & Legal Answers - Page 4

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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.

Recent Legal Answers

In NJ real estate, what is common practice for timing between closing

Answered 11 years and 8 months ago by attorney Diana L. Anderson | 1 Answer

Usually when the closing occurs, the new owner takes immediate possession. there are often reasons why the seller cannot move out immediately, and then he attorneys involved draft a use and occupancy agreement that sets forth the terms of how long, and at what cost, the seller can remain. Once the closing occurs, it is the buyer's property and the seller has to vacate if there is no Use and Occupancy Agreement in place.... Read More

Usually when the closing occurs, the new owner takes immediate possession. there are often reasons why the seller cannot move out immediately,... Read More

How do I file a partition action? Will I need a lawyer to do this?

Answered 11 years and 8 months ago by attorney Diana L. Anderson | 1 Answer

Yes - you will need an attorney to this. It will require a complaint filed with the court. You will have to obtain an appraisal report of the property, and ask to have the property sold at fair market value and the proceeds divided. You can also petition the court to be "bought out" if your sister wants to remain in the property.... Read More

Yes - you will need an attorney to this. It will require a complaint filed with the court. You will have to obtain an appraisal report of... Read More

Bought a house 1 yr ago no ac on first floor never told about it

Answered 11 years and 9 months ago by attorney Diana L. Anderson | 1 Answer

If you had your house inspected, then this is an issue you should take up with the inspection company. If you did not have the property inspected prior to purchase, you will have to lok at the listing agreement to determine whether or not there was a representation that there was AC through out the house. ... Read More

If you had your house inspected, then this is an issue you should take up with the inspection company. If you did not have the property... Read More

I live in New Jersey with my girlfriend. Her name is on the lease but I pay half the rent. If she wanted to kick me out would she be able to legally?

Answered 11 years and 9 months ago by attorney Diana L. Anderson | 1 Answer

If she is the one obligated on the lease, then she has the right to occupy the premises. If your name is not on the lease, you do not have the "right" to occupy the premises, and therefore, if she does not want you there, I beleive she can legally ask you to leave.

If she is the one obligated on the lease, then she has the right to occupy the premises. If your name is not on the lease, you do not have the... Read More

My motorhome got damaged by my neighbor's falling tree. The house is abandoned so the bank owns it. I don't have insurance on it. Is the bank responsi

Answered 11 years and 9 months ago by attorney Diana L. Anderson | 1 Answer

Usually the bank maintains some type of homeowner's insurance on the property. You can look up the owner's name, if its the bank, and file a claim against the homeowner's insurance. Also, file a police report so that its on record.

Usually the bank maintains some type of homeowner's insurance on the property. You can look up the owner's name, if its the bank, and file a... Read More

Property title adjustment after spouse passes

Answered 11 years and 9 months ago by attorney Diana L. Anderson | 1 Answer

The ownership of real property does not have to be changed after one spouse dies. The surviving spouse is the automatic sole owner of the property. The deed can be changed if you want, but there is no need to change it.

The ownership of real property does not have to be changed after one spouse dies. The surviving spouse is the automatic sole owner of the... Read More

Property title adjustment after spouse passes

Answered 11 years and 9 months ago by attorney Diana L. Anderson | 1 Answer

There is usually no need to change a deed after a spouse passes away. the surviving spouse has full ownership of the property. keep a copy of the deceased spouse's death certificate with the deed so that if necessary the sruviving spouse can change the deed at a later time. ... Read More

There is usually no need to change a deed after a spouse passes away. the surviving spouse has full ownership of the property. keep a... Read More

mold remediation

Answered 11 years and 9 months ago by attorney Diana L. Anderson | 1 Answer

Each condo owner has a small percentage of ownership in the common areas. It will be the responsibility of the Homeowners Association to get that remediated, but they may pass a proportionate amount of the cost back to you. For exaple - you may have in your agreement/deed, that you own 5% of the common areas, because its shared among 20 owners. then you might be responsible for 5% of the cost if there is not enough in the maintenance budget to cover that.... Read More

Each condo owner has a small percentage of ownership in the common areas. It will be the responsibility of the Homeowners Association to get... Read More

If I want to put an issue on the table can I bring it up at an open meeting?

Answered 11 years and 9 months ago by attorney Diana L. Anderson | 1 Answer

you can ask to have the regulations amended, you can certainly bring that issue up at a meeting, but then the Board has a right to decide whether or not its an issue they are going to explore or discuss. You should look at your conod rgualtions to determine what you need to do to introduce a topic if you bring it up to the board, but they choose to not discuss it.... Read More

you can ask to have the regulations amended, you can certainly bring that issue up at a meeting, but then the Board has a right to decide whether or... Read More

Co-own property with mother and she died WITH A JUDGEMENT AGAINST THE HOUSE, SO AM I RESPONSIBLE TO REPAY?

Answered 11 years and 10 months ago by attorney Diana L. Anderson | 1 Answer

If she did not have a will, then I am assuming that the house passed to you because you owned the house with her jointly. You will have to wait until the time when you try to sell the house to determine if the judgment still exists. Some judgments expire, and some do not. At the time of the sale of the house, a judgment search will be conducted and if the judgment shows up, but your mother is deceased, and no one is the executor of her estate, because nothing was probated, then you may not be responsible for paying it off. ... Read More

If she did not have a will, then I am assuming that the house passed to you because you owned the house with her jointly. You will have to wait... Read More

Selling home in New Jersey

Answered 11 years and 11 months ago by attorney Diana L. Anderson | 1 Answer

I can help you with the sale of your house if you are in the Ocean Monmouth County area. you need to have an attorney that will protect your interest, eliminate liability, and complete your transaction. Contact my office if you are in the area.

I can help you with the sale of your house if you are in the Ocean Monmouth County area. you need to have an attorney that will protect your... Read More

Who is liable for the problems we have in our house if it wasn't disclosed and we have proof the sellers knew?

Answered 11 years and 11 months ago by William Patrick Askin (Unclaimed Profile) | 1 Answer

Sounds like you have a fraudulent non-disclosure case. I suggest you consult with a lawyer to review your options.

Sounds like you have a fraudulent non-disclosure case. I suggest you consult with a lawyer to review your options.

Bought a house 7 yrs. ago need to know if there's a statue of limitation on inspection?

Answered 12 years ago by attorney Diana L. Anderson | 1 Answer

You are probably out of luck. unfortunately, although many people rely on the home inspection, you really can't sue the inspector if he/she failed to pick up on any problems. Your damages are often limited to the amount you paid for the inspection. In addition, the problems you are facing could have arise in the time after the inspection was completed. So I'm sorry, but you don't have a good cause of action against the inspector.... Read More

You are probably out of luck. unfortunately, although many people rely on the home inspection, you really can't sue the inspector if he/she... Read More

How would you go about removing a name of deceased on a deed set up as :JTWROS

Answered 12 years ago by attorney Diana L. Anderson | 1 Answer

JTWROS means joint tenant with right of survivorship. So the surviving joint tenant now owns the property. To remove the names of the other joint tenant or tenants, you would need the death certificate for each other owner. You will complete an affidavit of title indicating when each person died, and attach the original death certificate as proof.... Read More

JTWROS means joint tenant with right of survivorship. So the surviving joint tenant now owns the property. To remove the names of the... Read More

Father passed away then brother 2 years later

Answered 12 years and 2 months ago by Lawrence M A Centanni (Unclaimed Profile) | 2 Answers

Based upon the facts you presented, and most importantly, you have to obtain the will. In addition, was the will probated? In addition, the deed has to be reviewed because that will make the difference: "joint tenants with rights of survivorship" vs "tenants in common" If join tenants, the property passes to you, if tenants in common your brother's interests passes to his wife. Please contact me to discuss futher.... Read More

Based upon the facts you presented, and most importantly, you have to obtain the will. In addition, was the will probated? In addition, the... Read More

Would the family of a decased person be responsible for the payments of a second mortgage on a home?

Answered 12 years and 2 months ago by attorney Diana L. Anderson | 1 Answer

The mortgage really goes with the property, not the person. Responsibility for the mortgage will go with who is going to own the property after the deceased person's death. If the widow is going to inherit the property, and wants to continue living in it, then she needs to pay the mortgage. ... Read More

The mortgage really goes with the property, not the person. Responsibility for the mortgage will go with who is going to own the property after... Read More

Home owner insurance coverage

Answered 12 years and 3 months ago by William Patrick Askin (Unclaimed Profile) | 1 Answer

Yes, most likely. The terms of your homeowners insurance policy likely contain provisions that the property is owner occupied. If that status changes, you are required to notice your insurance company. If you do not, you are technically in breach of the terms of your policy and the insurance company can deny coverage. ... Read More

Yes, most likely. The terms of your homeowners insurance policy likely contain provisions that the property is owner occupied. If that... Read More

Inherited home in 55+ community; Not 55

Answered 12 years and 4 months ago by William Patrick Askin (Unclaimed Profile) | 1 Answer

Probably not. 55 and over communities are not reserved EXCLUSIVELY for those 55 and older. A small percentage of residency is reserved for those under 55, even minors. You should be fine, but if the association acts to have you removed, ask to see the demographic age make up of the residents and seek an attorneys assistance if needed.... Read More

Probably not. 55 and over communities are not reserved EXCLUSIVELY for those 55 and older. A small percentage of residency is reserved... Read More

is a water inspection or septic inspection required by law before closing on a house as the buyer

Answered 12 years and 5 months ago by attorney Diana L. Anderson | 1 Answer

It depends on the town. Some towns requires a Certificate of Occupancy indicating that the house is fit for habitation. If the town the house is located in requires that, then you will have to get those inspections to get the CO. You can also apply to the building department for a waiver since the house is going to be moved. If the town does not require a CO, then you probably do not need those additional inspections. ... Read More

It depends on the town. Some towns requires a Certificate of Occupancy indicating that the house is fit for habitation. If the town the... Read More

At what point in sales process should I hire a real estate lawyer?

Answered 12 years and 5 months ago by attorney Diana L. Anderson | 1 Answer

I think you should get a lawyer after you sign the listing agreement but before you sign a contract. There is only a short three day period between signing the contract in which the lawyer can review it so once you sign the lawyer has to be ready to get and review the contract.

I think you should get a lawyer after you sign the listing agreement but before you sign a contract. There is only a short three day period... Read More

What strategies could a land owner, threatened with eminent domain use to represent themselves in court to increase compensation?

Answered 12 years and 5 months ago by attorney Diana L. Anderson | 1 Answer

I'm not sure this is something that you can do on your own. Your best option would be to hire a Certified Appraiser to appraise the value of your property - including the income stream that you derive from it - and have the appraiser testify as to the value. The appraiser is going to serve as your expert in the case, and that part is not something you as the homeowner can do because you don't have the appraisal certification. ... Read More

I'm not sure this is something that you can do on your own. Your best option would be to hire a Certified Appraiser to appraise the value of... Read More

co owne a house

Answered 12 years and 6 months ago by attorney Diana L. Anderson | 1 Answer

It depends on the ownership of the house. you have to get a copy o fthe deed and look at the ownership. It is possible that you owned the house as joint tenants with right of survivorship, which would mean you get your sister's share of the hosue when she died, or she would have gotten your share if you died first. Start with the deed. ... Read More

It depends on the ownership of the house. you have to get a copy o fthe deed and look at the ownership. It is possible that you owned the... Read More

out of atty review, now developer wants to reduce agreed on price due to having to put city water in development, not able to sink wells

Answered 12 years and 6 months ago by William Patrick Askin (Unclaimed Profile) | 1 Answer

This will all depend on the wording of the contract between you (the land owner) and the developer. ARe there any relevant contingencies?

This will all depend on the wording of the contract between you (the land owner) and the developer. ARe there any relevant contingencies?

NJ Residential Lease Agreement

Answered 12 years and 6 months ago by William Patrick Askin (Unclaimed Profile) | 1 Answer

I would estimate $350 - $400.

I would estimate $350 - $400.

my neibor is installing a fence on the property line. Is he required to have the fence inside his property line

Answered 12 years and 7 months ago by attorney Diana L. Anderson | 1 Answer

If the fence is directly on the property line, then the portion of the fence facing your property actually belongs to you and you can paint it, maintain it etc. It is traditional to place the fence just inside the property line so that one person owns the fence and therefore can control the fence. ... Read More

If the fence is directly on the property line, then the portion of the fence facing your property actually belongs to you and you can paint it,... Read More

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