The new federal tax law creates a business income deduction of twenty percent for small businesses. This is a tremendous help to small businesses, particularly in New Jersey. But for limited liability companies which have elected to be taxed as an S-Corporation, there could be a
Building your Dream Home? You’ve got the land, you’ve got the architect’s plan, now you just need to hire a builder to construct your dream home. You meet with a few new home builders, discuss pricing and details, work out financing and insurance, and then
Limited Liability Companies are the most popular business entity used in forming any new business. This is because of its flexibility, tax friendliness, and protection of personal assets from business liabilities. They are easily set up, and many create them on-line themselves, use a service
When is Partition Required? Partition actions divide land between owners based upon principals of fairness and are necessary when co- owners cannot agree. Imagine your neighbor and her two siblings inherit a small farm. Your neighbor has always dreamed of keeping the family farm, but
Non-disclosure agreements between businesses are becoming more and more common, as businesses team up together to accomplish common ventures and services, or even by those wish to sell. Non-disclosure agreements are not something that should be lightly considered as the poorly worded agreement may lead
Will the Farm Stay in the Family? Farms are abundant in New Jersey, in part thanks to the hard work and hand-shakes of generations who lived before in simpler times. Unfortunately, the days of “hand-shake” deals are behind us. Charming, historic agricultural buildings are costly
“Is This the Right Property for Me?” You’ve found a fantastic property for your new business. By all appearances, your business plan has met its location. Other buyers are also looking at the property, your realtor is eager to get your offer in, and you
This just keeps happening to even the best of us! We can't find an old building permit, zoning permit, inspection record, or similar document related to past work on our real estate. Neither can the township. Code has changed. Inspectors have retired. Goblins broke into
Construction permits are issued by municipalities for construction activities on homes within their jurisdiction. The New Jersey Department of Community Affairs (DCA) oversees Uniform Construction Code compliance and enforcement and advises municipal officials, as needed. In the DCA’s bulletin 06-1, the DCA provides guidance for
The New Jersey Department of Environmental Protection (NJDEP) has administratively closed the PennEast Pipeline Company, LLC freshwater permit application. Citing a failure of PennEast to address deficiencies in its application, and the unlikely prospect of PennEast having adequate information in the near future, the NJDEP rendered
On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals ruled that federal civil rights laws prohibited discrimination in the workplace against lesbian, gay, bi-sexual, or transgender employees. By an 8-3 decision, the Seventh Circuit overturned a three-judges panel and determined that Title VII
Most Property Inspection Reports Contain Disclaimers When purchasing real estate, buyers typically hire a qualified inspector to review the property and advise of visible defects. When engaging an inspector, a buyer signs an agreement with the inspector. Understandably, these agreements typically include disclaimers which limit
Development in the Highlands Preservation Area. How do Highlands development restrictions affect agricultural development? Considerable farmland falls within the Highlands Region. Primarily intended to protect drinking water, over 800,000 acres of New Jersey, known as the, “Highlands Region,” have been designated either Highlands Preservation Area
Central New Jersey’s Agricultural Real Estate. In central New Jersey, we are blessed with the productivity and aesthetics of abundant agricultural lands. Whether they are in commercial agricultural production, a community supported farm, the home of equine enthusiasts, or part of a farm-to-table household, these
New Jersey Right to Farm Act Pursuant to New Jersey’s Right to Farm Act, “commercial farms” may engage in certain protected activities, free from interference by local zoning. While building permits are required, local zoning approvals are not required if approved by the State Agricultural
Looking to purchase property with contaminated soil and groundwater? Probably not, unless you are a brownfield’s redeveloper. Most purchasers of commercial property are counting on their property being “clean.” Environmental due diligence occurs in two phases: 1) review the current and historic activities at the
Nicole L. Voigt attended the 2016 Convention of the Commercial Real Estate Women Network (CREW-Network) in New York City. Speakers included keynote speaker Admiral William H. McRaven USN (Ret.); Amy Cuddy, Author, Business Leader, and Professor at Harvard Business School; Sallie Krawcheck, CEO & Co-Founder of
The New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-53, et seq.) provides protections for tenants being wrongfully evicted. The law provides that landlords cannot simply evict a tenant. Instead, landlords must show good cause to remove the tenant before taking any eviction action. For example, landlords can
If you rent an apartment in New Jersey, you likely had to pay a security deposit before you moved in. While you may have paid your security deposit, you may not be fully aware of the rights and rules related to the security deposit and
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
Attorney Nicole L. Voigt is the January 2016 spotlight member of Commercial Real Estate Women, Inc. New Jersey (CREW NJ). To review CREW NJ's interview of Ms. Voigt, click HERE. CREW NJ is a not-for-profit organization founded in 1982 that promotes communication and interaction between
I am a resident of Delaware Township, Hunterdon County, New Jersey, and I oppose the PennEast Pipeline. I oppose the application and additional submissions submitted by PennEast. The impacts of this pipeline, both short and long term, vastly outweigh any benefits. The pipeline is mapped
Construction Boomed on the Jersey Shore Following Hurricane Sandy Following Hurricane Sandy, New Jersey’s shore experienced an influx of contractors seeking to demolish, re-build, repair, and/or elevate damaged homes. General contractors, subcontractors, designers, and suppliers targeted Sandy victims, some even relocating from out-of-state. Many established
Nicole L. Voigt Attorney at Law CREW NJ, Commercial Real Estate Women of New Jersey, has approved attorney Nicole L. Voigt for active membership. The CREW Network is a national organization dedicated to advancing the professional development of women in commercial real estate
By Nicole L. Voigt, Esq., Attorney at Law The Collaborative Concept I recently had the privilege of completing a 16 hour training in Collaborative Law conducted by the Hunterdon County Bar Association. Generally speaking, Collaborative Law is an emerging area of alternative dispute resolution. In
By: Robert J. Shanahan, Jr. Esq. During this month, I have joined a team of presenters in teaching a four session course on Collaborative Law, sponsored by the Hunterdon County Bar Association. The course presents basic training for lawyers and other professionals who wish to
Farmland and Woodland Assessment Throughout Hunterdon County and surrounding areas, many landowners enjoy a reduced real estate tax assessment on their land, by devoting the land to agricultural use or woodland management. On or before August 1st of each year, these landowners must submit a
In the eyes of the law, many business entities are considered to be separate “persons” from their human owners. This is an important concept to master, since it explains many of the procedures with which owners of S-Corporations and Limited Liability Companies must comply. Owners
Scoping is an important stage for us to make the pipeline appear as untenable as possible and hope the application is withdrawn. PennEast is using the scoping process to evaluate how to propose a pipeline route and environmental impact report that can get approved. Consider
NOI for EIS for PennEast Pipeline Janaury 13 2015 This January of 2015, PennEast parent’s company, UGI, announced an alternative route for the pipeline through portions of Hunterdon County, including my home town of Delaware Township. On January 15, 2015, PennEast submitted an updated landowner
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
This January of 2015, PennEast parent’s company, UGI, announced an alternative route for the pipeline through portions of Hunterdon County, including my home town of Delaware Township. On January 15, 2015, PennEast submitted an updated landowner list to FERC and UGI and notified stakeholders as
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,
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
Shanahan & Voigt, LLC is pleased to announce that Nicole L. Voigt, Managing Partner and Attorney at Law, has been selected as a finalist for New Jersey Monthly Magazine’s publication of Leading Women Entrepreneurs: The Best and the Brightest. In response, Ms. Voigt, states: “I
What is an Early Settlement Panel (ESP)? After the Complaint for Divorce has been filed by the Plaintiff and a responsive pleading has been filed by the Defendant, the Court will enter a Case Management Order. This is an Order that sets out deadlines for
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
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
The world’s first civic service organization, Rotary International, is expanding in central New Jersey. On January 30, 2014, the Rotary E-Club of Hunterdon Horizon celebrated its September 12, 2013 Charter, joining Rotary International’s global association of 33,000 Rotary clubs in more than 200 countries and
Courts, Modifications, Short Sales, and Deed-in-Lieu By Nicole L. Voigt, Esq., Attorney at Law Nicole L. Voigt, Esq., Real Estate Attorney Homeowners facing foreclosure find themselves in a marketplace. They receive solicitations from private companies guaranteeing work-outs (be careful – these are often
The world’s first civic service organization, Rotary International, is expanding in central New Jersey. The Rotary E-Club of Hunterdon Horizon received a charter on September 12, 2013 to join RI’s global association of 33,000 Rotary clubs in more than 200 countries and geographic areas. Twenty
BY ROBERT J. SHANAHAN, JR. ESQ. Generally, a court order creating a guardianship for an incapacitated person terminates upon the death of the ward. The guardian is relieved of his or her responsibilities as guardian and may not take any further action with regard to
By: Robert J. Shanahan, Jr. Esq. BACKGROUND Collaborative Law has been mainly used and developed in the Family Law arena, but it was never intended to be limited to Family Law. Collaboration, by attorneys, with accountants, physicians, social workers and others, has been happening in
Nicole Voigt Real Estate Lawyer Hunterdon County NJ 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
MUST UPGRADE TO SEPTIC SYSTEM AS CONDITION OF SALE Cesspool, or septic? Will upgrade regulations delay closing? 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
By Guest Contributor, Wayne J. Ingram, P.E., P.P., Vice President, Engineering & Land PLanning Assoc. A residence with a conventional disposal field installation. In April 2012, the NJDEP passed long-awaited revisions to the septic regulations in the State. Among the changes were new mandates
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
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
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
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
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
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
In 2005, a married couple signed a contact with a builder to purchase a unit in a condominium building that was being developed in a luxury resort community. The contract specified that the condominium would be built within two years, although the contract included a
Hurricane Katrina destroyed Merlin's house in August of 2005. About two weeks before Katrina hit, he had missed a deadline to pay a premium to keep his flood insurance policy in effect for 2005 to 2006. After Katrina, the Federal Emergency Management Agency extended a
Nicole Voigt has been voted President of the Hunterdon County chapter of the New Jersey Association of Women Business Owners.
On November 17, 2009, Bob will be addressing the Hunterdon County Medical Society, at its monthly meeting, on "Advance Directives: An Attorney's Perspective". Bob is looking for feedback from the medical community about the practical aspects of Advance Directives in end of life care. He
Navigating Business Transitions: by Pamela Duda, President, Lifescapes Professional Coaching, LLC Presented by: New Jersey Association of Women Business Owners (NJAWBO), Hunterdon Chapter March 15, 2012 from 9:00 a.m. to 10:30 a.m. NJAWBO Members $15. Non-members $20. The price includes a healthy and delicious continental
Money, It’s All In Your Mind: by Lorelei Fenton, Owner, Evolutions by Lorelei Presented by: New Jersey Association of Women Business Owners (NJAWBO), Hunterdon Chapter February 16, 2012 from 9:00 a.m. to 10:30 a.m. NJAWBO Members $15. Non-members $20. The price includes a healthy and
Residential real estate contracts executed on or after January 1, 2010, must comply with the reformed Real Estate Settlement Procedures Act (RESPA), requiring use of the updated HUD-1 and HUD-1A forms at closing. In part, closing costs must be compared to the lender’s previously issued Good
Nicole has been accepted as a member of the New Jersey Association of Women Business Owners.www.njawbo.org.
Attorney Nicole Voigt attended the successful January 21, 2010 Bunco Blizzard fundraising event, sponsored by the Business Women’s Charitable Foundation. Proceeds from the fundraiser benefited, in part, breast cancer awareness.
Nicole Voigt teaches Legal I and Legal II, courses on business formation and contracts, respectively, for the Small Business Development Center, located at the Raritan Valley Community College. These classes may be taken independently, or along with other coursework as part of the Entrepreneur Certificate Program. Classes