In New Jersey, most residential tenants are not required to move out at the end of the lease term.* Surprised? So are many attorneys and realtors. In fact, I typically need to repeat this statement a few times while it sinks in. “Most residential tenants are not required to move out at the end of…

Frequently, buyers of real property will ask why they should invest in a new survey.  When answering that question, what comes to mind is first, “Yes!,” and second, “a picture is worth a thousand words.” If a buyer obtains a new survey prior to closing, a standard ALTA title insurance policy will cover any encroachment,…

Increased Minimum Gross Sales Beginning in the Tax Year 2015, lands subject to farmland assessment must establish $1,000.00 in gross sales for the first 5 acres of preserved farmland, and $5.00 for each additional acre. Prior to this change, only $500.00 in gross sales was required for the first 5 acres in agricultural use. This change…

What is Attorney Review:  In New Jersey, standard form real estate contracts typically used by realtors must, by law, include an attorney review provision.  As per this standard provision, within three business days, either parties’ attorney may “disapprove” of the standard form contract and propose revisions, or cancel the deal.  If this is not done…

Underground storage tanks (USTs) are a known risk in real estate transactions, and should be considered in every buyer’s due diligence. Whether residential, commercial, industrial, or agricultural, a leaking UST can have serious financial consequences and can, if not properly addressed, become the buyer’s problem post-closing. That said, the discovery and removal of a UST…

Courts, Modifications, Short Sales, and Deed-in-Lieu By Nicole L. Voigt, Esq., Attorney at Law Homeowners facing foreclosure find themselves in a marketplace.  They receive solicitations from private companies guaranteeing work-outs (be careful – these are often scams).  They hear newscasts of branded government programs intended to save homes.  They receive notice of the opportunity to…

Fall is in the air, the kids are back to school, and real estate attorneys are busy closing on spring and summer home contracts.  Those that follow the local real estate market can find data on real estate sales through their trusted realtor, a local newspaper, or even popular real estate apps.  So why might…

MUST UPGRADE TO SEPTIC SYSTEM AS CONDITION OF SALE Effective June of 2012, properties serviced by a cesspool, privy, outhouse, latrine, or pit toilet may not be transferred without upgrading to a septic system.  (NJAC 7:9A-3.16(b)).  The regulations allow limited exceptions to this rule, such as a conveyance between family members or former spouses.  (NJAC…

By Guest Contributor, Wayne J. Ingram, P.E., P.P., Vice President, Engineering & Land PLanning Assoc. In April 2012, the NJDEP passed long-awaited revisions to the septic regulations in the State.  Among the changes were new mandates for tank upgrades, filter units, and requirements to abandon cesspools during real estate transactions.  But one of the most important…

Selling your home can be both exciting and stressful. When selling a home, homeowners are sometimes involved in other time-consuming milestones or complicated life changes.  Buyers are demanding more while home equity has declined.  In today’s lending climate, with the market decline, foreclosure epidemic, and expansion of federal regulations, we face increasing pressures, scrutiny, and…