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Real Estate Law

Real Estate Investing

A Disgruntled Developer Tries to Get Back Commissions Already Paid to Agents

by Joshua M. Marks, Esq. | February 4, 2008

A Miami-Dade County, Florida developer, Related Group, has filed multiple lawsuits in the past month against real estate brokerages seeking the return of commissions on deals that fell through. The amount in controversy, which exceeds $460,000.00, is tied to commissions advanced by Related Group to the named-defendant brokerages on at least 19 sales contracts [...]

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Real Estate Law

Real Estate Agents: Are Litigious Clients Out to Get YOU?

by Charles Feldman | January 23, 2008

If you are a real estate agent or lawyer you MUST read this; if you are a recent home buyer you MUST read this.
Why?
Because we are about to take a trip through the looking glass into a weird world never before explored, a world in which home owners who feel they overpaid for their [...]

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Real Estate Law

5 Reasons Why You Need a Real Estate Attorney

by Joshua M. Marks, Esq. | January 21, 2008

True Story: Jim and Susan Jones were selling their home in Florida and relocating to Pennsylvania. They had entered into an agreement of sale with a buyer for their home simultaneous to signing an agreement of sale to buy a new home in Pennsylvania. After packing all of their belongings and getting ready [...]

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Landlord Tenant

Issues To Consider When Buying/Selling Multi-Unit Residential Income Property

by Joshua M. Marks, Esq. | January 14, 2008

When purchasing a multi-unit residential property, there are additional items that must be addressed at settlement that are not routine in typical residential transactions. For this very reason, it is essential to ask your real estate agent if he/she has significant experience in handling multi-unit properties (I would also strongly suggest that you involve [...]

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Landlord Tenant

Landlords: The Importance of Investigating Outstanding Violations

by Joshua M. Marks, Esq. | January 9, 2008

In many municipalities, a Certificate of Occupancy (often referred to as the “CO”) must be obtained by the seller and delivered to the buyer prior to or at closing. This insures that the buyer is aware of any outstanding violations or pending assessments against the property. However, some towns do not require a [...]

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Landlord Tenant

On the Fence with Landlording? A Rental with Bite!

by Jim Watkins | December 27, 2007

When it comes to owning and managing a rental property, I don’t care to spend money for things that are not needed. So a few years ago, when a tenant of mine asked if I would pay to have a fence installed for the back yard, I asked, “Why?”
The tenant wanted to get a [...]

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Real Estate Law

A Contractor’s Failure to Properly Register was a Crime Under New Jersey Law

by Joshua M. Marks, Esq. | December 17, 2007

In July 2006, Martin Korab hired Eric Rowland, a contractor, after seeing one of Mr. Korab’s advertisements under the name “Mercury Woods Carpentry” in the telephone book. Mr. Rowland gave Mr. Korab a written proposal along with a diagram detailing a bathroom renovation project, and accepted a deposit of $3,750.00 upon Mr. Korab signing [...]

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Landlord Tenant

The Perils of Going Condo

by Joshua M. Marks, Esq. | December 3, 2007

Purchasing a condominium is a popular choice for homebuyers of all ages who wish to dispense with the expensive and seemingly endless responsibility of maintaining a home. Although living in a condominium may allow for some to enjoy a more relaxed lifestyle, there are potential legal hassles involved in buying a condominium that can [...]

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Learn Real Estate

Demystifying the Real Estate Rental Security Deposit

by Joshua M. Marks, Esq. | November 26, 2007

The volatile residential real estate market that is currently affecting thousands of homeowners across the country will undoubtedly force many people to postpone their dream of homeownership and settle for life as a tenant in a rental property.
As more and more individuals and families enter into short and long-term leases, it is essential [...]

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Real Estate Law

Examining the Muthler Case: How Real Estate Mistakes Can Really Add Up and How Justice Was Served

by Joshua M. Marks, Esq. | November 5, 2007

In recently dealing with a client who wanted to add his fiancée to the deed on his home, although he was to solely remain on the mortgage and note, I was reminded of a quirky case decided by the Pennsylvania Supreme Court in 2005.
In 1999, Susan and Joseph Muthler purchased a property that was titled [...]

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Real Estate Law

Buying New Construction? Don’t let those builders push you around!!

by Joshua M. Marks, Esq. | October 29, 2007

From the concrete streets of metropolitan cities to the sprawling suburbs in most areas around the country, new construction is present in the form of townhouses, condominiums, single homes and the ever-so-popular “over-55 communities.”
While many of these properties are esthetically impressive complete with over-sized family rooms, open kitchen areas, and every upgrade/option imaginable, there are [...]

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Real Estate Law

Real Estate Sellers: Be Aware of Property Disclosure Laws

by Joshua M. Marks, Esq. | October 22, 2007

Background of Property Disclosure Laws
In the wake of the consumer-rights movement and the increasing influence of realtor organizations around the country, many states began to draft and implement property disclosure laws in the 1980’s that were designed to protect buyers of residential properties. The goal was to protect uninformed and inexperienced buyers in an [...]

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Real Estate Law

A Primer on Escrowed Funds

by Joshua M. Marks, Esq. | October 15, 2007

Upon signing the agreement of sale in most residential real estate transactions, the buyer pays an “earnest money deposit”, which signifies his intention to purchase the property. Typically, the earnest money deposit is held in the escrow account of the listing broker (who represents the seller) and is applied toward the buyer’s down payment [...]

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Real Estate Law

Buyer Beware: You Don’t Have to Use the Mortgage and Title Companies Affiliated with your Real Estate Broker. Make Sure You Shop Around!

by Joshua M. Marks, Esq. | October 8, 2007

Caveat emptor is Latin for “Let the buyer beware”.
A recent class-action lawsuit filed in the state of Minnesota is bringing to light a long-standing issue that affects buyers of residential real estate throughout the country—alleged steering of home buyers to affiliated title, settlement and mortgage companies by large realty brokers. This widely utilized practice [...]

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Commentary

Why Pets Are Better Tenants than Children

by Joshua Dorkin | March 29, 2007

Pets

Versus:

Children

This article was actually conceived because I’m amazed that people can’t get away with discriminating against children, but discriminate against people with pets many times a day!
Now, I am completely against discrimination based on race, sex, sexual preference, etc., however I have a bone to pick with society. I just read about a landlord [...]

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