Medicaid.  When a loved-one has to leave their home for a nursing home and Medicaid benefits are needed, there is always a fear that the State will “take” the house.  This is especially true when a child has previously moved into a parent’s home to act as the parent’s caregiver.  Once the parent moves into…

I have increasingly been asked to review transactions or relief offers involving time shares and  and vacation properties where buyers find themselves suffering buyers’ remorse.  Many different issues have arisen over the years, but a common theme is that the contracts strongly favor the seller and provide challenges to relief for buyers, and the buyers…

When Can Commercial Tenants Appeal? N.J.S.A. 54:3-21 authorizes any aggrieved tax payer to file an appeal, subject to other jurisdictional requirements.   The Superior Court has confirmed that, if tenant’s lease term covers an entire tax year, and the tenant is require to pay the real estate taxes applicable to the premises, the tenant is generally…

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…

Your real estate taxes are based upon the assessed value of your property.  Every year, the municipal tax assessor determines the value of your home, with the annual real estate assessment.  Your assessment includes two parts:  the value of the land, and the value of the building, for a total assessed value.  The assessment is…

Making an offer on a home is an exciting milestone.  Ideally, your potential home doesn’t need more work than meets the eye, your loan will sail through underwriting, and the records of title for the home, and its sellers, are “clear.”  Ideally, movers will be scheduled and closing will occur on time, and you will…

In a January 8, 2013 opinion, the Tax Court of New Jersey addressed the issue of whether roll-back taxes may be imposed upon loss of an agricultural assessment, when the subject property undergoes no change in use.  The case involved a Raritan Township property which benefited from a reduced agricultural assessment for many years, despite…

Mom or Dad will need nursing home care sometime in the immediate future. In order to preserve the asset for the kids, should Mom and Dad sign a deed and transfer ownership to the kids for one dollar? Maybe not. First, if there is an outstanding mortgage, the transfer cannot be made without the permission…

The Consumer Fraud Act regulates home improvements in cumulative excess of $500.00 provided on existing residential properties.  A home improvement provider that is required to comply with these administrative and business practices, but fails to do so, is strictly liable even for unknowing oversights, with no legal defenses.   Establishing sound business practices and utilizing properly…

The below checklist is for informational purposes only, and does not exclude the Landlord from complying with any other requirements imposed by local, state, or federal law, nor does it replace the advise of an attorney.  Not all requirements apply to all properties.  Review the lease prepared by your attorney specifically for the property to…