While the financial realities of purchasing or selling a home are typically at the forefront of people's minds as they enter the housing market, the complex legalities of real estate transfers are often an afterthought. In New Jersey, you are not required to obtain a real estate attorney when buying or selling a home. However, navigating this complex transaction without the expertise of a real estate attorney is rarely a good idea. If you want to purchase or sell a property in Monmouth County, Veitengruber Law is an experienced local attorney with years of successful real estate law practice.
Real estate attorneys will often utilize boilerplate contracts in real estate transactions. These contracts typically include the standard terms of a real estate sale and vague language that can apply across various situations. While these standardized contracts offer some legal protections for the buyer and seller, they are not nearly as effective as customized contracts. New Jersey real estate transactions require a three-day attorney review period. During this time, it is critical to have an attorney look over the contract. A skilled attorney will likely suggest adding clauses or specific language to better protect their client. These amendments, if approved by both parties, can protect you legally throughout the transaction. Some common modifications include:
While these are common contingencies, an attorney can include a clause to cover your concerns or interests in the transaction.
Sellers and real estate agents must follow mandatory disclosure laws when selling property. These laws determine which existing issues with a property the buyer must be made aware of before agreeing to purchase the property. If a seller does not correctly disclose these problems, the buyer can file a lawsuit against them for nondisclosure. Sellers can reduce their risk of lawsuits and liability by working with an experienced real estate attorney to ensure they follow all disclosure laws and guidelines. Even an honest mistake can lead to legal issues. Working with a lawyer can help sellers avoid legal headaches.
While not a legal requirement, the property inspection is one of the more critical aspects of buying a home. Typically, a buyer has 14 days from signing the contract to complete the inspection. The inspection gives the buyer an expert's overview of the property. The inspector's findings can help buyers assess if any significant issues need to be addressed by the seller before closing. An inspector will search for plumbing issues, roof damage, mold, termites, and other environmental hazards. After the inspection, they may suggest certain actions be taken before closing.
An attorney can review this report with you and determine if your sales agreement should be re-negotiated. They can ask the seller for certain concessions based on the severity of defects found in the report. An attorney may negotiate with the seller for repairs or a price reduction. Sellers are not legally obligated to remedy any repairs, but the expert negotiations of a knowledgeable attorney can improve the odds of a more favorable outcome for the buyer.
Typically, a title company will perform a title search on the property you will buy. The title company reviews public records to determine the current owner, past owners, and previous deed transfers. They will also search for open court cases, claims against the property, liens, delinquent taxes, and other encumbrances. Your real estate attorney will assess the title history report to determine if there are any defects. If there are title defects, they can ensure they are cured before closing to prevent future losses for the buyer. An attorney can also help the buyer find title insurance that offers protection against future issues.
Real estate attorneys can help sellers and buyers from contract negotiations to closing. Working with an experienced, knowledgeable local real estate attorney can give you an advantage in real estate negotiations and help you protect your legal and financial interests. If you are buying or selling in Monmouth County, Veitengruber Law can help.
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.