Real estate transactions involve high-stakes legal and financial dealings. The legal issues that can come up during a transaction can bring a real estate deal to a screeching halt. Some of the most common real estate law issues can create significant legal and financial distress for buyers and sellers. Real estate attorneys are there to help you avoid legal trouble and advocate for your rights if you find yourself dealing with legal issues. Veitengruber Law is a knowledgeable, experienced real estate attorney in Monmouth County. We have a deep understanding of real estate law and tons of experience helping clients navigate legal issues to fulfill their real estate goals.
The laws that guide real estate transactions tend to be state-specific and sometimes even include local laws and statutes. A successful real estate deal requires an understanding of purchase agreements, contracts, title searches, property inspections, compliance with zoning and land use regulations, and other aspects of due diligence. A thorough knowledge of real estate law can be vital when you need to act decisively. Working with a real estate attorney from the beginning can help you mitigate legal risks and protect your rights and interests.
At Veitengruber Law, we believe buying or selling property in New Jersey should be exciting, not headache-inducing. But if legal issues arise, we are here to help. Here are some common real estate problems that we offer legal advice for in Monmouth County:
1. Contract Disputes
The purchase agreement or contract is likely the single most critical document throughout any real estate transaction. The contract determines a timeline for the transaction, establishes the rights and responsibilities of all involved parties, and indicates under which circumstances a party is entitled to exit the contract. After signing, you are legally bound to the contents of the contract. This is why it is incredibly important for a real estate attorney to look over the document before you sign anything.
Vague or poorly written contracts can often result in contractual issues between the buyer and seller. Common issues include failure to disclose, failure to meet financing deadlines, and confusion over what is and is not included in the sale. You can squash these problems from the beginning by working with an experienced attorney to draft a customized contract. But if these issues arise later in the process, an attorney can still help you negotiate a path forward that protects your interests. Without an attorney, these disputes can drag on, costing you more money, delaying closing, and potentially landing you in court.
At Veitengruber Law, we can review and revise contracts to offer better legal protection. When issues arise, we have the expertise needed to minimize the impact on the deal and keep you on schedule to close.
2. Title Disputes and Liens
When you purchase a new property, a title company will perform a title search. This search is intended to show the full legal history of a property, including ownership and legal claims. A title search determines if the property in question is free and clear of any entanglements that could cause legal issues for the new owner. The title search is intended to uncover the owner of a property and determine if that property has any liens due to debt, like unpaid property taxes. A title search can also reveal any easements or restrictive covenants applicable to the property.
Because debts and legal issues like lawsuits can follow the property—instead of the owner—it is critical for the new buyer to understand the potential problems associated with the property. If issues uncovered in the title search are not resolved prior to the sale, they can put the buyer and new owner at significant risk for legal problems.
Attorneys are expert researchers who can help you determine potential issues uncovered in the title search report. We can help you rest assured that the property you purchase is free and clear of any encumbrances. If the property is not clear of problems, we can work quickly to resolve any dispute to ensure the transaction continues smoothly and on time.
3. Zoning and Permitting Issues
Zoning laws regulate how real estate can be used, and these laws can vary from municipality to municipality. Buyers purchasing a property with the intention of utilizing it for a specific purpose may find they are not legally able to do so. A residential-zoned property cannot be used commercially and vice versa. Even modifying an existing property can require permits or result in fines and legal action. A skilled attorney can help you navigate these regulations and ensure you can use your property as intended. An attorney can help you with zoning variances and the permitting process to avoid costly setbacks.
4. Disclosure Failures
There are some specific defects that sellers are required to disclose under NJ law. These are typically more severe issues like water damage, foundation defects, pest infestations, roof issues, plumbing issues, and other high-dollar repairs. Undisclosed issues that the new homeowner must repair can be costly—and even lead to a lawsuit.
For buyers, an attorney can establish in the contract what kind of damage or repairs a seller is responsible for prior to closing. After inspection, an attorney can review the report and determine if any undisclosed issues must be addressed before the sale moves forward. Attorneys can re-negotiate the sale based on the inspection findings to protect their client's interests. If undisclosed issues pop up after closing, an attorney can help the new homeowner take legal action against the seller to recoup repair costs.
An attorney can guide a seller through the disclosure process to ensure they are not accidentally withholding disclosure of any major issues. If problems the seller was unaware of come out in the inspection report, the attorney can negotiate with the buyer for a path forward that doesn't jeopardize the sale.
5. Backing out of a Contract
There are many reasons someone may want to back out of a real estate contract. Regardless of the reasons, exiting any contract can be incredibly difficult. Contracts are legally binding. If you have worked with an attorney from the beginning, they may have revised your contract to include contingencies allowing you to legally back out of the contract. These contingencies can refer to a lack of financing, issues uncovered in the inspection, inability to sell/purchase another property, etc.
Just as each real estate transaction is unique, the best way to back out of a contract will hinge on the specifics of the situation. Working with a trusted, local real estate attorney is the best way to achieve an agreeable outcome and avoid legal trouble.
Buying or selling property in NJ is a major investment and a huge legal and financial transaction. Having experienced legal representation from the start is critical to ensuring a successful transaction. Veitengruber Law offers personalized support and expert legal advice in Monmouth County. We can help you fulfill your real estate goals, advocate for your interests, and protect your investment.
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.