Real Estate Transactions
New Jersey Real Estate Lawyer
A New Jersey real estate lawyer guides you through buying, selling, leasing, and resolving disputes over residential and commercial property under New Jersey law. Whether you are signing a contract of sale, negotiating a commercial lease, recovering a security deposit, or facing a dispute with the other party to a transaction, the terms and the timing determine what you can do and what you are bound to. Ratliff Jackson LLP represents buyers, sellers, landlords, tenants, and businesses through every stage of a real estate matter, from the attorney review period through closing and, when necessary, litigation.
Talk with a real estate lawyer about your transaction or dispute. Call (856) 209-3111 or email intake@ratliffjackson.com.
Residential Real Estate Transactions
Buying or selling a home is likely the largest transaction you will enter. We represent buyers and sellers from the contract of sale through closing, protecting your position at each step and making sure the agreement says what you intend before you are bound.
The Attorney Review Period
In New Jersey, a residential contract of sale prepared by a real estate agent for a one to four family home is subject to a three business day attorney review period. During that window, either party's attorney may approve the contract, propose modifications, or cancel it, and until the period passes without disapproval the contract is not binding. A notice of disapproval may be sent by fax, email, personal delivery, or overnight mail. This rule applies to broker prepared residential contracts. Contracts for commercial property and vacant land are prepared by an attorney from the start and are not subject to the same review clause.
Governing authority: New Jersey State Bar Association v. New Jersey Association of Realtor Boards, 139 N.J. 323 (1995); Conley v. Guerrero, 228 N.J. 339 (2017); N.J.A.C. 11:5-6.2.
Contingencies, Title, and Closing
We review and negotiate the contingencies that protect you before closing, including the mortgage, inspection, and appraisal contingencies, and we coordinate the title search, survey, and payoff so that title transfers clean. At closing we review the settlement statement, the deed, and the loan documents so you understand what you are signing.
Seller Disclosure of Defects
A seller must disclose a known latent defect that is material to the transaction and not readily observable by the buyer. Silence about a hidden condition the seller knows about can amount to fraudulent concealment, and an "as is" clause does not permit a seller to conceal a known latent defect. Flood risk disclosure is separately required by statute. We advise sellers on what must be disclosed and represent buyers who discover a concealed defect after signing.
Governing authority: Weintraub v. Krobatsch, 64 N.J. 445 (1974).
Commercial Real Estate Transactions
We represent businesses, investors, landlords, and tenants in commercial property transactions, drafting and negotiating the terms that allocate risk and control the deal. Our commercial work includes:
- Purchase and sale agreements, with due diligence on title, zoning, and environmental conditions
- Commercial leases, negotiated from the landlord or the tenant side
- Letters of intent and term sheets
- Financing and loan document review
- Easements, access rights, and shared use agreements
Real Estate Contracts and the Writing Requirement
Certain real estate agreements must be in writing to be enforceable under New Jersey's statute of frauds. An agreement to transfer an interest in real estate must be in writing and signed by the party to be charged, and a lease for a term longer than three years must be in writing. We make sure the writing satisfies the statute and reflects the deal the parties actually reached.
Governing law: N.J.S.A. 25:1-13 (agreement to transfer an interest in real estate); N.J.S.A. 25:1-12 (leases longer than three years).
Landlord-Tenant Matters
We represent both landlords and tenants in residential and commercial rental matters, from the terms of the lease through security deposit disputes and eviction proceedings.
Security Deposits
New Jersey's Rent Security Deposit Act closely regulates residential deposits. A landlord may not require more than one and one half months' rent as a security deposit, must hold the deposit in an interest bearing account with the interest belonging to the tenant, and must return the deposit with interest, less an itemized statement of lawful deductions, within 30 days after the tenancy ends and the tenant surrenders the unit. A landlord who wrongfully withholds a deposit can be liable for double the amount wrongfully withheld, plus costs and attorney's fees.
Governing law: N.J.S.A. 46:8-19 through 46:8-26; N.J.S.A. 46:8-21.1.
Evictions and the Anti-Eviction Act
Under the Anti-Eviction Act, a landlord may not evict a covered residential tenant or refuse to renew the lease except for one of the good cause grounds the statute enumerates, such as nonpayment of rent, disorderly conduct after notice, damage to the premises, or a substantial lease violation. The expiration of a lease is not a ground, so a covered tenancy continues unless the landlord proves a statutory cause. Owner occupied premises with not more than two rental units and transient occupancies fall outside the Act. We handle the notice requirements and the summary dispossess process for landlords, and we defend tenants against improper eviction.
Governing law: N.J.S.A. 2A:18-61.1 et seq.; N.J.S.A. 2A:18-61.3(a).
Real Estate Disputes and Litigation
When a transaction or a property relationship breaks down, we pursue and defend real estate claims in the New Jersey Superior Court. Matters we handle include:
- Breach of a contract of sale, including claims for specific performance, rescission, and damages
- Boundary line, easement, and access disputes
- Quiet title actions to resolve competing claims to ownership
- Partition of jointly owned property
- Construction and renovation defect claims
- Title defects and lien disputes
Because each parcel of real estate is unique, specific performance, an order compelling a party to complete the sale, is often available in a way it is not for ordinary contracts. We assess early whether that remedy, or damages, better fits your situation.
Frequently Asked Questions
New Jersey does not require you to hire an attorney, but every residential contract prepared by a real estate agent includes a three business day attorney review period during which your attorney can approve, modify, or cancel the contract. Proceeding without counsel means the period passes and the agent prepared form becomes binding as written. Contracts for commercial property and vacant land must be prepared by an attorney from the start.
It is a three business day window that begins after the buyer and seller receive a copy of the fully signed contract. During that window either party's attorney may disapprove the contract, propose changes, or approve it, and the contract does not become binding until the period passes without disapproval. A notice of disapproval may be sent by fax, email, personal delivery, or overnight mail. The period applies to agent prepared residential contracts for one to four family homes.
Yes. A seller must disclose a known latent defect that is material to the transaction and that a buyer could not observe on a reasonable inspection. Deliberate concealment of such a condition can be treated as fraud, and an "as is" clause does not allow a seller to hide a known latent defect. Flood risk disclosure is separately required by statute. If you discovered a concealed defect after signing, you may have grounds to rescind or to recover damages.
Under New Jersey's Rent Security Deposit Act, a landlord may not require more than one and one half months' rent. The deposit must be held in an interest bearing account, and the interest belongs to the tenant. When the tenancy ends and the tenant surrenders the unit, the landlord must return the deposit with interest, less an itemized statement of lawful deductions, within 30 days. A landlord who wrongfully withholds a deposit can be ordered to pay double the amount withheld, plus costs and attorney's fees.
Generally no. Under the Anti-Eviction Act, a covered residential tenancy continues unless the landlord proves one of the good cause grounds the statute lists, such as nonpayment of rent or a substantial lease violation. The expiration of the lease is not a ground. The main exception is owner occupied premises with not more than two rental units, which fall outside the Act. A landlord must follow the statutory notice requirements and obtain a judgment for possession before a tenant can be removed.
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Resources
From the attorney review period through closing, and from a security deposit dispute through litigation, we represent buyers, sellers, landlords, and tenants across New Jersey real estate matters.
Call (856) 209-3111 or email intake@ratliffjackson.com to speak with the firm.