Real Estate Law in New Jersey

What Is Real Estate Law?

Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home. 

Whether or not you are a property owner or tenant, you have rights under New Jersey real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.

Types of Real Estate Law Disputes

Disputes involving real estate in New Jersey are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party.  Learn more about the different types of real estate disputes below.

Escrow Deposit 

If you decide to purchase any New Jersey property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.

Easement Real Estate Dispute

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in New Jersey property deeds.

For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.

Landlord/Tenant

Disputes often arise when New Jersey landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.

Under the New Jersey Truth in Renting Act, parties to a lease must be at least 18 years old and mentally competent. The lease may be oral or written in plain language that the average person can understand. As well, there is a 5 “business day” grace period for senior citizens before a landlord can charge a late fee. Keep in mind, a “business day” does not include Saturday, Sunday, or State and Federal holidays.

Contract Breaches

No New Jersey real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in New Jersey without a valid mutually beneficial contract.

Fraud/Omissions

Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with New Jersey real estate lawyers to straighten things out.

In 1976, the New Jersey legislature amended the New Jersey Consumer Fraud Act (NJCFA) to cover real estate. In addition, the New Jersey Supreme Court stated that NJCFA applies to commercial sellers of real estate and brokers engaged in such transactions. Consequently, real estate brokers who sell properties on behalf of owners can be subject to NJCFA. However, homeowners who sell their residences are not professional sellers of real estate and may not be liable under the NJCFA.

Boundary Lines

Property line disagreements usually occur when adjoining New Jersey property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some New Jersey property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.

Ownership

Determining the rightful owner of a property in New Jersey is not always easy. For instance ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders. 

Liens

Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.

According to the New Jersey Courts, if you are owed money as a result of a judgment with a “J” or “DJ” docket number, you are a judgment creditor. A docketed judgment becomes a lien against all real property owned by the judgment debtor in New Jersey. The judgment lien will remain on the debtor’s property for 20 years. This can be renewed for an additional 20 years by filing a motion in the Superior Court, Law Division, Civil Part.

What Should You Do If You Are in a Real Estate Dispute in New Jersey?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced New Jersey real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.

Learn About Real Estate Law

New Jersey real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.

Work With an Experienced Real Estate Attorney in New Jersey

Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with New Jersey lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.

Get the legal help you need now. We help New Jersey landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across New Jersey state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!