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To Include or Not to Include, That is the Question: New Jersey’s Evolving Interpretation of the Attorney Review Clause Mandate in Real Estate Contracts

By: Paige M. Bellino, Esquire A recent Appellate Division case discussed the convoluted and little understood requirement for attorney review in residential real estate contracts, which requirement stems from the mandate issued by the New Jersey Supreme Court in N.J. State Bar Ass’n v. N.J. Ass’n of Realtor Boards, 93 N.J. 470 (1983) and later […]

The Risk of Creating a Joint Venture

By: Stephen McNally, Esquire A recent unpublished Appellate Division Decision, Steven Batitsas and Diane Sarahwati v. Park Point Investors, LLC, addresses the possibility that a joint venture is created even if not intended by the parties.  In Batitsas, the plaintiffs were subject to foreclosure actions on two separate properties – one located in the Borough […]

Recent Appellate Division Case Highlights the Importance of a Well Drafted and Negotiated Broker’s Commission Agreement

By: Stephen McNally, Esquire and Paige M. Bellino, Esquire The recent unpublished Appellate Division decision DKNJ v. Reussi Capital offers a warning for those real estate brokers who fail to properly document an agreement for a commission arising from the sale/purchase of real property.    Diane Trugman, a licensed New Jersey real estate broker (“Trugman”), on behalf […]

The Appellate Division Resolves an Unanswered Question on the Equitable Subrogation Doctrine

By: Stephen McNally, Esquire and Paige M. Bellino, Esquire The Appellate Division in a published opinion (New York Mortgage Trust 2005-3 Mortgage Back Notes, U.S. Bank National Association As Trustee v. Anthony and Catherine Deely and Bank of America) resolved an open issue pertaining to the doctrine of equitable subrogation – whether actual knowledge of an […]

Imagining The Post Pandemic Law Firm: Teaching An Old Dog New Tricks

By: Stephen McNally, Esquire Thirty years of practice does not prepare you for a pandemic.  Indeed, just the opposite- complacency sets you in your ways and you struggle to adapt to a changing reality. So, when our previous law office began working remotely in March 2020, I was not prepared for the adjustment of working […]