Below are some frequently asked questions I have received in the past in regard to Real Estate Law. If you do not see your questions below, please feel free to contact me and I will be happy to assist.
Frequently Asked Questions
Real Estate Law Questions & Answers
Yes. Unless you are highly experienced in real estate transactions, or you are a real estate broker, you should always have a lawyer oversee and advocate for you in a real estate deal. This is a transaction that includes large sums of money and lots of potential liability. Realtors take 4-5% of the transaction to sell the home. It makes perfect sense to spend $1000-$2000 on an attorney to make sure everything is done correctly, and in your best interests.
As a first time home buyer, you should speak with an attorney first. The attorney can help you plan and strategize, secure a mortgage and commitment, find a suitable realtor, and even review your credit report an other factors prior to applying for a mortgage. You should gather financial documents such as recent tax returns, paystubs, bank and credit cards statements, and a copy of your credit report.
The seller of the home has the obligation to provide clear and marketable title. If you are the seller, Mr. Price can assist in having title issues cleared up prior to listing the home. If the issues come up after you are “under contract”, there are a variety of steps and procedures that Mr. Price can utilize to clear up the title. If you are the Buyer, an inability of the seller to close in the time required by the contract because of title issues is a reason to terminate the deal or delay it until the issues are resolved.
Yes. However, it is an issue that is negotiated and the seller has no obligation to make any repairs. Usually, sellers prefer to offer a credit in lieu of making repairs. However, some sellers stand firm on their price as an “as is” sale. It is a negotiation and Mr. Price is highly skilled at negotiations.
Every closing is different. As the seller, there is less paperwork and sellers can usually sign the documents in advance and mail them to the buyer’s side for the actual closing of title. There is usually a final walkthrough for the buyers a day or two before closing. If they see something that they do not like, there might be some last minute negotiations. Buyers’ usually have a mortgage. Buyers’ are in charge of the closing as it relates to location and all of the paperwork. Despite the proliferation of “digital” signatures and “video conferencing” since the 2019 pandemic, real estate transactions must have original documents signed in the presence of a notary.
Divorce Law Questions & Answers
Below are some frequently asked questions I have received in the past in regard to Divorce Law. If you do not see your questions below, please feel free to contact me and I will be happy to assist.
First, you should hire an attorney for a divorce. Divorces are something that will affect you for the rest of your life, and your children’s lives. An experienced attorney will make the filing process very easy, including the development of a strategy. The courts use an online digital filing process which can be difficult for people who do not have experience.
- “[T]he parents’ ability to agree, communicate and cooperate in matters relating to the child.”
- “[T]he parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse.”
- “[T]he interaction and relationship of the child with its parents and siblings.”
- “[T]he history of domestic violence, if any.”
- “[T]he safety of the child and the safety of either parent from physical abuse by the other parent.”
- “[T]he preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.”
- “[T]he needs of the child.”
- “[T]he stability of the home environment offered.”
- “[T]he quality and continuity of the child’s education.”
- “[T]he fitness of the parents.”
- “[T]he geographical proximity of the parents’ homes.”
- “[T]he extent and quality of the time spent with the child prior to or subsequent to the separation.”
- “[T]he parents’ employment responsibilities.”
- “[T]he age(s) and number of the children.”
Every case is different. Some cases are very easily settled. Some cases take years. 99.8% of divorces settle. However, even the settlement process can take a long time, depending on the level of discovery, experts, mediations, and motion practice.
Per New Jersey rules, all divorces must be based on an “hourly” retainer agreement. Your attorney will ask for an initial retainer from which the attorney will use to pay any and all fees and expenses, while also working off the balance of the retainer per the hourly rate of the attorney(s). The bottom line is that the longer it takes you and your spouse to settle, the more money it will cost you. For a case that can be settled quickly and easily, the fees are usually below $5000.
Alimony: There is a specific statute for alimony which has been the subject of a significant level of caselaw. The alimony statute has a large number of factors, which include the length of marriage, the income of the parties, children, parenting time, the financial needs of both parties, the role of any domestic violence, the marital lifestyle, and other factors. Even a short term marriage can result in a short term of alimony.
Child Support: Child support belongs to the children. Unless the parties agree to a mutual waiver of child support based upon the payment of the children’s expenses in a “shared” manner, the court will analyze and calculate the issues of child support in every case after considering the parenting time schedule, the income of the parties, and other factors.
The short answer is “yes”. In fact, both parties have an absolute right to subpoena banks, employers, or anyone involved in the financial aspects of the divorce. Mr. Price can help you navigate and strategize these issues.
New Jersey is an “equitable distribution” state. That is a fancy way of saying “whatever the court deems to be fair”. While we tend to start at 50/50 asset division, there are a wide array of reasons why it might not be 50/50. For example, the role of premarital assets, inheritance, personal injuries, children, custody, income disparity, allocation of debt payments, and many other factors are considered.
Personal Injury Law Questions & Answers
Below are some frequently asked questions I have received in the past in regard to Personal Injury Law. If you do not see your questions below, please feel free to contact me and I will be happy to assist.
Every Personal Injury case is different. Mr Price will assist you in the initial strategy. Documentation is always necessary, including medical records. The timing of the actual filing of the complaint with the court varies with every case.
Unfortunately, a personal injury case will most likely take a significant amount of time. The defendant has the right to full and complete discovery, including copies of all documents, depositions, hire their own doctors to conduct exams and prepare reports, etc. This will be followed by a mediation day. Trial is a matter of last resort.
New Jersey has a statute of limitations of two years from the date the injury is discovered.
Document everything. Keep a diary of daily struggles, pain, suffering, treatments, and anything that involves your post-injury life. Secure copies of any medical reports and proof of treatment as soon as possible after it is completed. These items will create powerful evidence to support your case.
Ideally, you will have some sort of insurance policy in place that will provide coverage and legal representation. However, if you do not have insurance, you will have to consider hiring an attorney to defendant you, or, help negotiate the best outcome.
There is no clear answer to this question. Every injury is different. Every injured party has different circumstances that apply to the level of damages. The more severe the injury and the greater impact on your life usually result in a larger award.