New Jersey Real Estate Law

Real Estate Law in New Jersey can be incredibly complex and it is best undertaken with experienced legal counsel. KingBarnes meets the needs of Buyers, Sellers, Investors, Developers, Corporations and more in their Real Estate endeavors. While KingBarnes aims to simplify and streamline the process, Real Estate remains one of the most complex areas of the law. At KingBarnes, we understand that the closing process can be frustrating, burdensome and stressful. To alleviate this stress we strive to remain consistent, efficient, prompt and professional from the preparation of your initial documents through closing. Depending on the real estate activity involved, you may need to comply with Municipal, County, State, and occasionally Federal law, which laws change constantly. KingBarnes will help you interpret these laws and manage the processes involved.

Real Estate Services

Real Estate Law is a broad term typically used to describe the civil laws that determine an individual’s right to possess, use and enjoy their use of real property, including any structures or improvements that have been built upon the property. In addition to litigation which can arise out of residential or commercial real estate transactions, KingBarnes has a successful history of representing clients in landlord tenant disputes, homeowner’s association disputes, construction claims relating to unpaid balances, title issues, easement disputes, partition actions and more.

There is tremendous variety in the types of real estate, forms of ownership, and uses to which real estate can be put, so there is an infinite number of legal issues that may arise in a real estate transaction. The following are common issues that KingBarnes can help you with.

Real Estate Services Include

  • Residential Real Estate
    • Single-Family
    • Condominium
  • Prepare initial purchase contract or review the purchase contract including offers to purchase, counteroffers, amendments, and notices
  • Prepare Letter Agreements
  • Negotiate terms with opposing counsel, real estate agent, or other party
  • Obtain and review due diligence material provided
  • Monitor mortgage, home inspection, termite and survey contingencies, bulk sale and deadlines
  • Review disclosures, condominium documents and reports
  • Review title insurance commitment, requirements and exceptions
  • Review conveyance documents, settlement sheets, disclosures and loan packages
  • Coordinate, schedule, attend closing live or virtually and oversee closing process
  • Commercial Real Estate
    • Motels
    • Restaurants
    • Bars
    • Offices
    • Apartments
  • For Sale by Owner (FSBO)
  • Review and negote Agreements of Sale and Leases
  • Commercial Financing
  • Realty Joint Ventures
  • Commercial Leases
  • Prepare Deeds, Master Deed and By-Laws
  • Attorney review of residential contracts
  • Terminate real estate transactions during the attorney review period
  • Attend residential and commercial closings
  • Participate in due diligence during real estate and business transactions
  • Prepare loan documents for private parties

Other common Real Estate issues KingBarnes will assist you with

  • Approval of development plans (when required, the approval process, plan amendments, expiration and extension)
  • Boundary and similar disputes between neighboring owners (boundary lines, trees and vegetation, nuisances)
  • Condominiums and other “common interest real property” such as cooperatives, planned communities, time shares, and mobile home parks
  • Contracts with realtors
  • Disclosures
  • Easements
  • Restrictive Deed provisions
  • Survey disputes and questions
  • Zoning issues (interpret zoning provisions, obtain variances)

Laws and Regulatory Bodies Involved

In New Jersey, the state’s Municipal Land Use Law delegates authority over zoning and development to individual cities and towns. To complicate matters further, each city and town may have multiple different bodies responsible for some aspect of this regulation. Laws affecting real estate matters in the state include:

  • The Planned Real Estate Development Full Disclosure Act
  • The New Jersey Nonprofit Corporations Act which applies to co-ops
  • The New Jersey Condominium Act

Some property locations and uses may even call into play federal regulation, such as environmental laws. Although uncommon, even Federal Communication Commission (FCC) rules may become involved in a New Jersey real estate dispute. For instance, the FCC’s “Over-the-Air Reception Devices” (OTARD) rule prohibits any restrictions that impair the ability to install, maintain or use antennas that receive video programming (direct-to-home satellite dishes less than one meter in diameter, TV antennas, wireless cable antennas).

Personalized Legal Services for Every New Jersey Real Estate Transaction

At KingBarnes we are a small firm that offers personalized service in real estate law, backed by 20 years of experience in real estate and related business transactions. We know our clients personally and the real estate business intimately. Our clients, past and present, appreciate our responsiveness and our ability to communicate clearly and effectively. Call us today to schedule an appointment at one of our conveniently located offices in North Wildwood, Marmora or Egg Harbor Township.