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Real Estate

Real Estate

A Real Estate Broker Must Understand the Statute of Frauds and NJ Contract Law

HNW February 14, 2023 Contract Law, Real Estate, Landlord/Tenant, and Zoning

The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law.  …

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Contract LawReal Estate

Must You Pay a Realty Transfer Fee (Tax!) When Transferring Real Estate to a Trust

HNW August 22, 2022 Real Estate, Landlord/Tenant, and Zoning, Understanding When a Trust Should Be Used in NJ

Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages.  The …

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Real EstateTrust Law and Litigation

Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?

HNW July 22, 2022 Elder Care Law, Real Estate, Landlord/Tenant, and Zoning

There is a Federal law called the Garn-St Germain Act.   Federal Regulations exempt transfers to trusts in which the transferor or a member of …

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Elder Care LawReal Estate

Understanding the New Jersey Freeze Act and Your Property Taxes

HNW March 16, 2022 Real Estate, Landlord/Tenant, and Zoning

The Freeze Act comes into play where there has been a reduction in a local property tax assessment by judgment after trial or by …

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Real Estate

Understanding the Budgetary Powers of Condominium Associations

HNW February 9, 2022 Real Estate, Landlord/Tenant, and Zoning

Condominium associations derive their power and responsibilities from the Condominium Act, N.J.S.A. §46:8B-14 and 15.  Courts treat condominium associations like they do corporations, holding …

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Real Estate

Municipal Courts Have Jurisdiction to Impose Civil Penalties in an Enforcement Action Filed Under the Spill Compensation and Control Act

HNW May 12, 2021 Real Estate, Landlord/Tenant, and Zoning

A recent Appellate Court decision ruled municipal courts have jurisdiction pursuant to N.J.S.A. 58:10-23.11u(d) to impose civil penalties under the Spill Act in a …

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Real Estate

Your Reason for Signing a Contract Can’t Be Used Against You

HNW January 6, 2021 Business and Corporate Legal Services, Contract Law, Real Estate, Landlord/Tenant, and Zoning

“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …

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Business and Corporate Legal ServicesContract LawReal Estate

New Jersey Senior Property Tax Freeze and Ownership of Property

HNW December 21, 2020 Real Estate, Landlord/Tenant, and Zoning

In New Jersey, seniors who own real estate are eligible for their property taxes to be reimbursed to them directly from the state Division …

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Real EstateReal Estate Tax Appeals

Home Inspection Companies Can Be Sued Under the New Jersey Consumer Fraud Act

HNW October 12, 2020 Real Estate, Landlord/Tenant, and Zoning

Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …

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Real Estate

The Enforcement of Restrictive Covenants in Commercial Leases

HNW August 31, 2020 Business and Corporate Legal Services, Real Estate, Landlord/Tenant, and Zoning

Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …

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Business and Corporate Legal ServicesReal Estate

Can a Zoning Board Make Owner Occupancy a Condition of Granting a Use Variance?

HNW July 27, 2020 Real Estate, Landlord/Tenant, and Zoning

Zoning boards in NJ grant use variances. Generally, a condition of variance approval cannot include a requirement for owner occupancy of a personal residence. …

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Real EstateZoning

What’s the Next Step for Landlords and Evictions Restricted by the CARES Act?

HNW July 17, 2020 Real Estate, Landlord/Tenant, and Zoning

You may have heard that, as part of the Federal CARES Act, Congress imposed a moratorium on certain tenancy filings. This moratorium only applies …

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Real Estate

Is There a Lease? Part 2

HNW May 19, 2020 Real Estate, Landlord/Tenant, and Zoning

In our last blog, I discussed the curious case of Nicole, a single mother of 6 who occupies a house foreclosed upon and now …

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Real Estate

Is There a Lease? Part 1

HNW May 12, 2020 Real Estate, Landlord/Tenant, and Zoning

It is no secret that residential tenants of a property being foreclosed upon are subject to the protections of the Anti-Eviction Act, which mandates …

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Real Estate

Adjusting the Homestead Refund Check After Closing:  How to Do It

HNW March 20, 2020 Real Estate, Landlord/Tenant, and Zoning

A client called our office after the sale of his home.  Middletown Township apparently deducted the homestead rebate paid by the seller from the …

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Real Estate

A Municipal Zoning Ordinance Cannot Regulate Who Can Live in a Home

HNW January 30, 2020 Real Estate, Landlord/Tenant, and Zoning

A local zoning ordinance can lawfully regulate uses and buildings in a municipality An ordinance cannot regulate the persons eligible to live in the …

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Real Estate

Can Construction Permit Fees Relating to Handicapped Improvements Be Waived by a Municipality?

HNW November 22, 2019 Real Estate, Landlord/Tenant, and Zoning

Handicapped persons have certain protections under the Americans with Disabilities Act and other laws unavailable to the non-disabled One protection is an exemption from …

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Real EstateSpecial Needs Trusts for Minor Children and Adults

Understanding the Law of Tenancy by the Entirety When a Marital Home is Owned by a Husband and Wife

HNW October 4, 2019 Real Estate, Landlord/Tenant, and Zoning

Recently, our associate prepared a memo about executing a creditor’s judgment upon a tenancy by the entirety.  As a result, I read a few …

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Real Estate

Fraud Involving Home Value Appraisals

HNW September 14, 2011 Business Law, Fraudulent Transfer Litigation

By: Fredrick P. Niemann, Esq., a New Jersey Law on Fraud Attorney Home Appraisal Fraud Joseph and Kimberli bought a building lot in a …

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Fraudulent Transfer LitigationGovernment RepresentationReal Estate

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Hanlon Niemann & Wright Law Firm

3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (732) 863-9900
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