Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have NJ real estate related questions. I already did. NJ.

Customer Question
I have NJ real...

I have NJ real estate related questions

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I already did. NJ

Lawyer's Assistant: Has any paperwork been filed?

It’s a real estate transaction. There’s no “filing” of paperwork

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It would be easier to relate directly

Submitted: 9 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
On Nov 28 2017 I signed a purchase agreement for a residential property in Mullica Hill, New Jersey. As all of the processes have the gun toward closing, the initial title report came back that the seller, a divorced woman, had not yet had the deed from her marriage completed and filed. That occurred today. My questions are as follows:
1. Am I correct in assuming that we do not have a valid contract since she was not the sole owner what it was signed?
2. The listing realtor and my buyers realtor work in the same office and it is clear they were both aware of the situation and did not disclose it. Do they have inherent liability? Would their listing agreement with the seller be valid?
3. What liabilities exist on the part of the seller and executing an agreement they did not have a legal capacity to enter into?
4. The listing and buyers agent both knew that the house (which we contracted for $615k) was purchased for $400k at a sheriffs sale by the sellers 5 years ago and not 10 years ago at the last (regular sale) transaction price of $575k. Does this create a liability and/or leverage?Thank you,Bill Stueber
Answered in 44 minutes by:
12/11/2017
Real Estate Lawyer: Barrister, Lawyer replied 9 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,631
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

1. Am I correct in assuming that we do not have a valid contract since she was not the sole owner what it was signed?
.

No. You have a valid contract. She just has to be able to provide clear title to the property by the closing date.

.

2. The listing realtor and my buyers realtor work in the same office and it is clear they were both aware of the situation and did not disclose it. Do they have inherent liability? Would their listing agreement with the seller be valid?

.

It doesn't matter if she doesn't have clear title right now... only that she has it to convey to you at closing.. I can sell you a house I don't own right now... I just have to make sure that I can convey title to you as of the established closing date..

.

3. What liabilities exist on the part of the seller and executing an agreement they did not have a legal capacity to enter into?
.

None, as long as they can convey clear title to you at closing then they wouldn't be in breach of the contract.

.

4. The listing and buyers agent both knew that the house (which we contracted for $615k) was purchased for $400k at a sheriffs sale by the sellers 5 years ago and not 10 years ago at the last (regular sale) transaction price of $575k. Does this create a liability and/or leverage?
.

No, not as long as they can provide whatever type of deed you bargained for... hopefully a General Warranty deed that would mean that they guarantee that they have a clear title at closing and can be held liable for any costs of defending later on if something comes up.

.

You might also want to request an "owner's title insurance policy" from the seller... or purchase one yourself, to protect yourself from any possible title problems down the road if the seller disappears and something comes up..

.

As an aside, I used to be a closing attorney for 4 different lenders..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,631
43,631 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

43,631 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am purchasing my marital home that was ordered sold by the
I am purchasing my marital home that was ordered sold by the judge. After the order, I became employed and was able to purchase the home. The judge ordered that i must still list and market the house … read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,631 satisfied customers
A signed Real Estate Offer to purchase a NJ Liquor License,
A signed Real Estate Offer to purchase a NJ Liquor License, while the Liquor license was listed for sale by the owner with agent #1. The buyer agreed to purchase said license whose purchase price offe… read more
Lori
Lori
Juris Doctor
2,542 satisfied customers
I'm in NJ. My question is re: the 3 day attorney review
I'm in NJ. My question is re: the 3 day attorney review period in a real estate transaction. I, the buyer, signed the contract on Saturday 2/4. The seller signed the contract on Sunday, 2/5. On Sunday… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I received a letter from a real estate attorney representing
I received a letter from a real estate attorney representing the buyer of my Aurora Colorado rental property (sold to the buyer on 04/29/2016) recently stating a claim of $ 8,500. The claim amount com… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,856 satisfied customers
California real estate question – what documents must be
California real estate question – what documents must be signed at closing so the real estate deal can close? What documents can be signed after a closing of a real estate transaction? What closing co… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,302 satisfied customers
1. In 2008 we signed a listing to sell a brand new house
1. In 2008 we signed a listing to sell a brand new house with an agent and his brokerage firm. 2. The agent failed to secure a qualified buyer. The house was removed from the market. 3. We had a buyer… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
a person went with a real estate agent #1 to see a home and
a person went with a real estate agent #1 to see a home and made a written offer which was rejected. now the home, which was taken off the market is available again but the person is no longer working… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,631 satisfied customers
Can a realtor offer a better commission if the clients both
Can a realtor offer a better commission if the clients both lists and sells with them and uses their lender? i.e., 4% listing commission if they buy also and use lender.… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,605 satisfied customers
I signed a purchase agreement to buy a house that had a closing
I signed a purchase agreement to buy a house that had a closing date of April 18, 2013 and the mortgage company turned me down for a loan on the 17th of April. The realtor said he has to get approval … read more
socrateaser
socrateaser
1,031 satisfied customers
Im selling property in Hawaii and the Broker and agent want
I'm selling property in Hawaii and the Broker and agent want me to include the Dual Agency Consent Addendum as a condition to sell. Hawaii does allow this, however does not offer any State forms or pr… read more
A-LEGAL-MIND
A-LEGAL-MIND
Attorney
Doctoral Degree
142 satisfied customers
Hello, This is a question for a Florida Real Estate Attorney.
Hello, This is a question for a Florida Real Estate Attorney. I live in New Jersey and have POA jointly and severally with my 2 siblings, for my elderly dad that is also living in New Jersey. My dad i… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
we had a buyers agent to help us find a home in az. After
we had a buyers agent to help us find a home in az. After he and his partner showed us many homes, know our finanical situation, they show us his own home "our buyers agents" home. we like it we close… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have my house for sale and 3 days ago I signed a purchase
I have my house for sale and 3 days ago I signed a purchase agreement to sell my house. I am now having second thoughts. Is there a way that I can legally get out of this without having to pay the com… read more
legallysound
legallysound
Attorney
Doctoral Degree
1,324 satisfied customers
I am a licensed realtor in Kansas. I am asking about designated
I am a licensed realtor in Kansas. I am asking about designated agency within our firm. The broker and associate broker are partners of the firm. I have two questions. 1. The associate broker owns 8 l… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am expected to close on a real estate transaction on Monday.
I am expected to close on a real estate transaction on Monday. I am purchasing a short sale that has been in the works since August. We are out of the Georgia 10-Day due dilligence period. During this… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
NJ- Real estate transaction (brokers had both sides of deal
NJ- Real estate transaction (brokers had both sides of deal but our buyers agent within same agency never provided buyer (me ) with any forms (seller recvd and signed dual agency forms). New home cons… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
How does the CA Civil Code 1695 relating to aquizition by investment
How does the CA Civil Code 1695 relating to aquizition by investment company of a residetial property in preforeclosure with negative equity by negotiating a short sale with the lender? Read more: htt… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
As a real estate investor, can I do double closing in New Jersey.
As a real estate investor, can I do double closing in New Jersey. Put a house under contract, bring a buyer, and pass title from seller to buyer and make a profit?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x