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Articles Posted in Real Estate

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New Jersey Real Estate Law Decision Examines Duty to Disclose Defects in “As Is” Residential Real Estate Sales

New Jersey real estate law is enormously important – the purchase and sale of a home are often the largest transactions in many people’s lives.  It is fraught with risks for both buyers and sellers. For example, let’s say you’re buying a house and you receive a disclosure form from…

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New Jersey Business Law Decision Examines Requirements for an Enforceable Contracts

Contract drafting and negotiation is one of the most important aspects of New Jersey business law.  Contracts govern the relationship between business parties.  Therefore, it is vital to ensure that a contract embodies the terms which the parties bargained for, and protects their interests.  And it must meet all the…

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Commercial Versus Residential New Jersey Real Estate Transactions

At first glance, both commercial and residential New Jersey real estate transactions seem to be quite similar.  A contract is executed, title work must be checked, lender requirements must be met and the closing must be completed.  But, from the initial offer through closing on the transaction, there are significant…

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Can One Owner of Jointly Held New Jersey Real Estate Compel the Sale of the Property?

Yes, New Jersey property law allows for the partition of the property, or if a partition is not feasible, then the forced sale of real estate which is owned by more than one person. Often real estate is owned by several people. This commonly occurs through an inheritance. For example,…

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The Extent of State University’s Immunity from Local Governance

Montclair State University has spent the last decade or so trying to obtain approval from the County of Passaic and the City of Clifton to construct a roadway which would intersect with a county road. Both the County and the City raised concerns about the proposed development and Montclair State…

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Is Title Insurance Really Necessary?

The short answer is: yes. To understand why you should have title insurance, you must first understand what “title” is.  When you purchase real estate, at the closing you receive “title” to the property.   “Title” is the owner’s right to possession and use of the property.   There are different forms…

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Should a Prospective Purchaser Obtain a Survey of the Property?

Recently, many people who are purchasing real property have been reluctant to spend the money to obtain a survey of the property they are purchasing.    However, in most circumstances it is obtaining a survey is vitally important and it is money well spent.  Also, if the purchaser is financing the…

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Discharge Federal Estate Tax Liens Prior to Sale of Property

Generally, before the estate of a decease person can sell real estate, the individual(s) named as executor in the will must probate and be formally appointed as executor.  If there is no will, then the closest heir at law must apply to the surrogate’s court to be appointed as administrator…

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The Consequences of “Liars Loans”

Our transactional attorneys handle many types of commercial and real estate transactions, from closings on homes, office buildings, factories, to commercial transactions including the sale of all or part of a business. The overwhelming majority of these transactions require the purchaser to take out a loan to finance the purchase.…

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New Jersey Property Tax Sale Certificates and Foreclosures

In New Jersey, every municipality is required by law to hold sales of unpaid property taxes at least once each year. The municipalities sell the tax liens to obtain the tax revenue which they should have been paid by the property owner. The municipal tax collector conducts the sale which…

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