REAL ESTATE

Our Residential Real Estate Practice

This Division practice group has the transactional drafting and closing team as well as the Litigation team if anything goes wrong. 

The purchase or sale of a home is one of the largest and most complex transactions you’ll be involved in during your lifetime. It’s also one with high risk.  Even what appear to be the most inconsequential errors can cost you time and money, and can even undo the deal. That’s why it’s so important to have an experienced and detail-oriented lawyer to guide you through the process.

We protect the rights of buyers and sellers of residential real estate in New Jersey. Whether it’s a starter home or the mansion you’ve always dreamed of, we’ll provide the same high level of care, attention and legal acumen. We’ll take the time to get to know you, and to learn the details of your transaction, so that we can help you make the right decisions to maximize and protect your investment.

REAL ESTATE TRANSACTIONS

Our New Jersey real estate attorneys represent both buyers and sellers of residential and commercial real estate, as well as third-parties such as lenders, title companies and insurers. Our attorneys are highly experienced in negotiating the transaction, protecting our clients’ rights, and closing the deal.

In addition to real estate transactions, a litany of problems arise in connection with property, such as title problems, boundary disputes, tax issues, liens and abandoned tanks. In all such matters our New Jersey real estate attorneys seek to advance our clients’ interests to achieve the results which they want and need in the most cost-effective manner possible.

We handle commercial and residential real estate transactions involving from tens of thousands to millions of dollars. Our real estate lawyers represent businesses and individuals in transactions involving distressed property and foreclosure.  We represent buyers and sellers in the purchase and sale of property with tenants, holdover tenants, boundary disputes, and clearing title defects. Our attorneys tax experience allows us to effectively resolve complex tax lien issues and property tax appeals. Our attorneys handle construction issues in real estate transactions such as construction defects and insurance coverage. We handle environmental issues which arise in real estate transaction such as responsibility for environmental contamination, radon issues, mold remediation and abandoned or leaking tanks, radon issues and Industrial Site Recovery Act compliance.

REAL ESTATE & PROPERTY LITIGATION

Our New Jersey real estate and property litigation practice often deals with disputes arising from a contract to buy sell or lease residential or commercial real estate. Buyers may bring claims of breach of contract, specific performance, rescission or fraudulent misrepresentations with respect to the property while sellers may bring suit to compel specific performance of the contract of sale and for breach of contract. This area of law also deals with boundary disputes, challenges to good title and ownership of property, foreclosure, drainage and easement issues. In addition, this area also encompasses suits against realtors and home inspection companies for breach of contract, professional negligence, and breach of their fiduciary obligations.

Pagliara Law Group’s litigators have handled many disputes on real estate transactions disputes over breach of contract for the sale of property, breach of buyers or seller warranties, prosecuting and defending claims of fraud by sellers or real estate agents, and wrongful withholding of down payment.  We handle litigation on environmental issues which arise in property sales, including which party will bear responsibility for environmental cleanups of transferred property, representing sellers in defense of suits for failure to disclose flooding, toxic mold and other “hidden” defects, and responsibility for environmental contamination.  We represent owners and lenders in foreclosure litigation.  We also represent owners in litigation over title disputes, tax liens, and adverse possession or “squatter’s rights.”

We work with residential real estate clients at all stages of the purchase or sale of a house, from the negotiation of terms to the closing. Once you have agreed upon the details of your transaction, we will prepare and review all required documents, including buy-sell agreements, deeds, mortgages, notes and other financing instruments, easements and restrictive covenants.

We will oversee the review of all title documentation, so that there are no unknown liens or encumbrances on any property. We will also help you ensure that all mandatory inspections are completed, and that any required permits are obtained.

Our, Real Estate Attorney in New Jersey assist clients with residential leasing issues, from the preparation and review of lease documents to eviction proceedings.

We also assists clients with residential leasing issues, from the preparation and review of lease documents to eviction proceedings.

First, a real estate lawyer in New Jersey can guide you through the complicated paperwork involved in a real estate transaction. In addition, our attorneys have connections to inspectors and mortgage loan brokers who can help the process run smoother. Lastly, by enlisting the help of our law firm, you can be assured that you receive personal attention from experienced real estate attorneys who have been in the business for over 25 years.

If you are interested in buying a home in New Jersey, contact us today for a free consultation. For more information on purchasing residential real estate in New Jersey, please visit our buyer’s guide FAQs.

TEN THINGS EVERY BUYER IN NEW JERSEY HAS TO KNOW

1. Attorney Review Period: This is a three day period in which buyers and sellers can have their contracts reviewed by a real estate attorney in New Jersey. It is important to remember this review period is three business days from the date the last buyer or seller signs, not when the real estate attorney receives the contract.
2. Contingencies: This means the contract is contingent or dependent upon something happening first. In New Jersey, it’s customary that all real estate contracts are contingent on the buyers getting their mortgage, home inspections and a clear title.
3. Mortgages: A mortgage is a lien put on the property by a lender. There is a great difference between a buyer getting a 90% mortgage from a lender and 80% mortgage from a bank.
4. Home Inspection: When we buy a house, there are hundreds of items (often hidden) that can be wrong. Remember, New Jersey has the oldest housing stock in America. If you buy or sell a house in North Jersey, it might be over 50 to 100 years old. Problems with the major systems are often very expensive to fix, particularly with older frame houses.
5. “As Is”: This means you only get what’s there, nothing less and nothing more. It produces more real estate litigation than any other clause in a contract, which is why it’s vital to get the help of real estate lawyer in New Jersey if you want to buy a home. A seller has to ensure that the house, the structure, and its operating systems (heat, electrical, plumbing, etc.) are in good operating condition at the closing. Some sellers may also have to make sure appliances, such as a stove or dishwasher, work. However, the sellers do not have to guarantee that the house or the systems are brand new, which is often where problems begin. Buyers don’t want to put thousands of dollars into a new plumbing or heating systems, and seller’s don’t want to pay for improvements they didn’t have at contract time. The New Jersey law doesn’t interpret “as is” to mean buyers get stuck if major systems don’t work. The sellers have an obligation to disclose any hidden defect they know about. Correspondingly, I believe any borrower has an obligation to check out any house by a home inspector before purchasing.
6. Closing Date: This is put on at the beginning of a contract and is only a guess at when the closing will take place. The closing date is set by the borrower’s lender and not by the seller or buyer.
7. Escrows: Escrow is money held. Lenders will collect extra money each month (escrow) so they will pay your taxes. An escrow is kept at closing in case the water bill comes in higher than estimated.
8. What a New Jersey Real Estate Attorney Does: We order title insurance, set closings, tell you how much to bring, work out all problems, supervise, guide you through the whole process, work closely with lenders (who let NJ attorneys close or disburse mortgages) and coordinate with brokers.
9. What a New Jersey Real Estate Attorney Doesn’t Do: We don’t arrange homeowners insurance or inspect the house. You make the last minute inspection before the day of closing.
10. Legal Fees: Our New Jersey real estate law firm usually estimates $1,000.00 for representing a buyer and $750.00 for a seller. Most real estate attorneys in New Jersey are also in this price range. Beware the low ball phone quotes, only to be charged $100.00 for a Notice of Settlement and $100.00 for fax, copies and toll charges. Attorneys can only charge you actual costs incurred.

OTHER SERVICES:

1. Commercial Real Estate
2. Eminent Domain and Condemnation
3. Condominium Law
4. Community Association
5. Real Estate Tax Appeals
6. Multi-Families
7. Landlord and Tenant Law-representing tenants