New Jersey Real Estate Lawyers
In New Jersey, real estate law is a very broad area of law covering anything that has to do with the ownership of land and buildings.
Real estate law can apply to many numerous facets of a personal and professional life. It can apply to anything from the purchase of a vacant lot, to renting prime downtown office space.
New Jersey real estate law can be very intricate, because it's really a collection of a lot of different areas of law. These areas of law include property rights, contracts, land use, and many others.
Having a good basic knowledge of New Jersey real estate law can make a lot of transactions, such as buying a house or renting an apartment, much easier.
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Common Real Estate Issues in New Jersey
Financing: Most people in New Jersey probably can't afford to buy a house or a piece of land up front. Consequently, most individuals and business use some form of financing to purchase real estate, typically a mortgage. A mortgage is a loan used to buy a piece of real estate, with the purchased real estate simultaneously securing the loan.
Disclosure: When a house or other structure is for sale, the seller has to tell prospective buyers about all physical defects of which the seller is aware, and which the buyer couldn't be reasonably expected to discover. However, if you are selling a house, you should probably just disclose every defect you're aware of. This will save you a great deal of potential liability. Even if your disclosure of a particular defect wasn't required (because the buyer could have easily discovered it), the buyer might still sue, and the cost of defending this lawsuit, even if you win, will be very high.
Warranty of Habitability: This applies in residential leases. Landlords are under a legal duty, whether it's specifically stated in the lease agreement or not, to ensure that the rented property is fit for human habitation. The requirements for habitability often include electricity, heating, running water, a working phone line, and protection from the elements. Of course, that list is not exhaustive.
Zoning Laws: Zoning laws dictate what kinds of buildings can be placed on lots in certain parts of a town or city. Their purpose is to ensure, for example, that sewage treatment plants don't get built next to homes, or that noisy, polluting factory doesn't get built next to a daycare center. To this end, they "zone" sections of the locality for numerous uses, such as residential, industrial, commercial, etc. If you are buying a piece of vacant land, it's essential that whatever use you intend to make of it is compatible with New Jersey's zoning laws.
Do I Need a New Jersey Real Estate Lawyer?
These matters can be pretty convoluted, and the above discussion only scratched the surface of the huge body of law that can affect real estate transactions. Therefore, if you think any business or personal plan you have might be affected by real estate law, you should consult with a New Jersey real estate lawyer as soon as possible.
New Jersey is located in the northeastern quarter of the United States and has a population of well over 8 million people. It is the most densely populated of all the 50 states and is listed as the third wealthiest according to median household income.
New Jersey's legal system revolves around its three basic levels of courts- the Municipal Courts, Superior Courts, and the New Jersey Supreme Court. Unlike most states, New Jersey does not have an intermediate court district for appeals; instead, the Superior Court operates its own Appellate Division that processes appeals. There is also a Tax Court system with limited jurisdiction to settle tax disputes.
The judiciary of New Jersey is also unique in that it still has separate courts for law and equity. Also, the Superior Court system is further divided into divisions of Law and Chancery at the trial level. These features allow the state to process a variety of different claims in an efficient manner. New Jersey has also produced many major figures in U.S. jurisprudence, including U.S. Supreme Court Justices William Brennan, Jr., Antonin Scalia, and Samuel Alito.
Lawyers in New Jersey have experience in guiding clients through the state's court system. Most New Jersey lawyers begin by filing claims at the Superior Court level. Attorneys are available to provide legal advice and representation in New Jersey courts.