A Holder of a Life Estate Cannot Force a Partition of Real Estate
A court in NJ is allowed in an action for the partition of real estate to “direct the sale of the real estate if …
A Liquidated Damage Cause in a Breach of Contract Cases Isn’t Always Enforced
A recent case I read involved a dispute over a $852,100 deposit made by a buyer in connection with a commercial real estate sale …
A Real Estate Broker Must Understand the Statute of Frauds and NJ Contract Law
The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law. …
Must You Pay a Realty Transfer Fee (Tax!) When Transferring Real Estate to a Trust
Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages. The …
Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?
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 …
Understanding the New Jersey Freeze Act and Your Property Taxes
The Freeze Act comes into play where there has been a reduction in a local property tax assessment by judgment after trial or by …
Understanding the Budgetary Powers of Condominium Associations
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 …
Municipal Courts Have Jurisdiction to Impose Civil Penalties in an Enforcement Action Filed Under the Spill Compensation and Control Act
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 …
Your Reason for Signing a Contract Can’t Be Used Against You
“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …
New Jersey Senior Property Tax Freeze and Ownership of Property
In New Jersey, seniors who own real estate are eligible for their property taxes to be reimbursed to them directly from the state Division …
Home Inspection Companies Can Be Sued Under the New Jersey Consumer Fraud Act
Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …
The Enforcement of Restrictive Covenants in Commercial Leases
Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …
Can a Zoning Board Make Owner Occupancy a Condition of Granting a Use Variance?
Zoning boards in NJ grant use variances. Generally, a condition of variance approval cannot include a requirement for owner occupancy of a personal residence. …
What’s the Next Step for Landlords and Evictions Restricted by the CARES Act?
You may have heard that, as part of the Federal CARES Act, Congress imposed a moratorium on certain tenancy filings. This moratorium only applies …
Is There a Lease? Part 2
In our last blog, I discussed the curious case of Nicole, a single mother of 6 who occupies a house foreclosed upon and now …
Is There a Lease? Part 1
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 …
Adjusting the Homestead Refund Check After Closing: How to Do It
A client called our office after the sale of his home. Middletown Township apparently deducted the homestead rebate paid by the seller from the …
A Municipal Zoning Ordinance Cannot Regulate Who Can Live in a Home
A local zoning ordinance can lawfully regulate uses and buildings in a municipality An ordinance cannot regulate the persons eligible to live in the …
Can Construction Permit Fees Relating to Handicapped Improvements Be Waived by a Municipality?
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 …
Understanding the Law of Tenancy by the Entirety When a Marital Home is Owned by a Husband and Wife
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 …
Fraud Involving Home Value Appraisals
By: Fredrick P. Niemann, Esq., a New Jersey Law on Fraud Attorney Home Appraisal Fraud Joseph and Kimberli bought a building lot in a …