Veitengruber Law has an extensive history of working with clients in New Jersey to achieve their real estate goals. Our real estate lawyer can identify potential legal issues and help you protect your investment. With a deep understanding of property laws, local ordinances, and contract law, we can offer expert guidance on the real estate process, whether you are buying or selling. While working with a real estate attorney is not a requirement for buying or selling property in NJ, investing in the expertise of a real estate attorney can help you manage complex issues with efficiency and professionalism.
Over our many years working in real estate law, we have seen similar questions over and over from clients. Here are some common questions and our knowledgeable answers:
The short answer is no—but you SHOULD have a real estate attorney if you are buying or selling property in NJ. Property transactions are a high-stakes process for several reasons. Not only are you dealing with a complex legal contract, but there is also typically a lot of money associated with these transactions. When you add the emotional element of purchasing or selling a home, it can help to have the guidance of an attorney to address questions and advocate for your best interest. A trustworthy real estate attorney can ensure your documentation is in order, contracts are properly executed, and your interests are protected throughout the transaction.
A real estate attorney can play an integral role in real estate transactions. In New Jersey, the signing of every real estate contract comes with an automatic three-day attorney review period. While you are not obligated to have your contract reviewed by an attorney during this time, it is in your best interest to do so. During the review, your real estate attorney can go through the contract and identify areas where some changes may better protect you legally. Typically, when real estate agents draw up these contracts, they utilize boilerplate templates that do not offer the protections a personalized contract can provide. When you work with a real estate attorney whose entire job is protecting your interests, they can help you add clauses that benefit you or remove language that limits your protections.
In addition to the attorney review period, a real estate attorney can help you through the closing process. They can ensure the agreed-upon payment is made and the proper legal transfer of the property title to you. Before closing, your attorney can perform a title search on the property to check that the property is free and clear of any legal or financial entanglements before the transfer of ownership.
If any disputes arise during the transaction, a real estate attorney will be ready to step in on your behalf. They can negotiate a settlement or represent you in court if litigation becomes necessary to resolve the dispute. When you work with a real estate attorney from the beginning, it limits the chances you will need a real estate attorney for more significant legal issues down the road.
It is possible to back out of a real estate contract in NJ, but there are likely to be legal and maybe even financial consequences. The specific terms of your contract will dictate the consequences of backing out of a real estate deal. If you work with a real estate attorney from the beginning, they can add strategic language to the contract that could help you back out of the deal down the line with fewer consequences.
If you have not worked with a real estate attorney before signing the contract, it may be more difficult to extricate yourself from the deal. While you are not required to work with an attorney in general for real estate transactions, it is critical that you consult with a real estate attorney prior to any attempt to back out of a contract. Terminating any contract outside of the specific terms of the agreement can result in the other party taking legal action against you. This can result in fines, penalties, and other legal consequences. Regardless, if you need to back out of a real estate contract, an experienced attorney can work with you to limit the legal fallout.
A title company will conduct a title search on the property included in the transaction to ensure that there are no liens or other encumbrances on the property that could impact the sale. The title company will also be responsible for issuing title insurance to protect the buyer and lender against claims or defects with the title. Many clients will ask if they need a real estate attorney to do a title search if they already have a title company to do the job for them.
We want our clients to understand that a title company works for the title insurer. Their focus will be on protecting their business throughout the transaction. As a real estate attorney, our focus is on protecting YOU. Title defects are one of the leading causes of failed real estate deals. An experienced attorney can help you find quick solutions to title problems that could otherwise derail your settlement.
For the seller, one of the most crucial jobs an attorney can do is to add specific clauses to the contract to help protect your interests. For example, realtors and sellers are legally required to disclose any issues with the property. If a seller does not disclose known issues, they could find themselves the subject of a lawsuit.
A common clause sellers like to include is an "as-is" clause. This means that the seller is relieved from liability for failing to disclose unknown defects with the property. While this is not intended to protect the seller from intentional concealment, it can provide critical legal protection if unknown defects are present. Even without an "as is" clause, an attorney can help sellers ensure they follow disclosure laws to reduce their liability risk. If any disclosure disputes arise, an attorney can negotiate a better outcome on your behalf or represent you if the dispute results in litigation.
For buyers, working with a real estate attorney has many benefits. One of the most critical ways an attorney can benefit a buyer is after the home inspection results return. In most states, buyers have 14 days from the day the contract goes into effect to get an inspection of the property. Inspections are not legally required in most cases, but they are one of the most important things a buyer can do when purchasing a property. Inspections can reveal hidden defects or issues that may require expensive repairs.
If an inspector's report does reveal issues with a property, the buyer may want to revisit the deal as laid out in the contract. For example, the seller does not disclose foundation problems, but the inspection reveals that expensive foundation repairs are needed for the home to be structurally sound. A buyer can turn to their attorney to negotiate with the seller and their representatives to find a solution.
Sellers do not have a legal responsibility to make repairs to a property. However, an experienced attorney can help buyers save money through careful negotiations after an inspection reveals major issues.
Veitengruber Law is committed to helping our clients in Metuchen achieve their real estate goals. We are ready to protect your best interest as you make one of the biggest legal and financial decisions of your life. We can guide you through the process with professionalism and efficiency from beginning to end.
Main Address
1720 Highway 34
Suite 10,
Wall Township, NJ 07727
Bordentown Office
(By Appointment Only)
33 Third Street 2nd Floor Suite 3
Bordentown, NJ 08505
Metuchen Office
(By Appointment Only)
247 Main Street
Metuchen, NJ 08840
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George E. Veitengruber III is a New Jersey attorney, practicing New Jersey law exclusively in New Jersey. None of the information contained herein should be deemed to apply in other states, nor may this page be construed in any way as an attempt by Mr. Veitengruber to practice law in any state other than New Jersey. This page is intended to provide general information about our firm and its areas of practice to our current and potential clientele. It is not intended to give legal advice to anyone on any subject. That can only be done through a complete consultation with one of our attorneys. Legal advice obtained through this site does not create an attorney-client relationship, and the reader should not rely on same. According to the Supreme Court of New Jersey, and pursuant to the New Jersey Rules of Professional Conduct, this may be considered an “advertisement.” Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If the representations made on this page are inaccurate or misleading, you may report this to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, NJ 08625. We are a federally designated debt relief agency — we help people file for bankruptcy. Information provided regarding “legal questions” or “bankruptcy updates” is for informational purposes only. While we hope and believe the information will be helpful, we do not warrant that the information is accurate or complete. Information is provided only in accordance with New Jersey and/or Federal Law. We are not licensed to practice law in any states other than New Jersey. The information does not constitute legal advice and should not be relied on as such. If you want legal advice, please consult a local lawyer directly. While we would welcome the opportunity to be that lawyer, we do not accept clients or render advice until the completion of a client intake form and a signed retainer agreement.