Business & Commercial Law
New Jersey Law Blog
Recent Amendments to the Predatory Towing Prevention Act
Posted in Business & Commercial Law
If a New Jersey common interest community association tows vehicles from its private parking areas and roadways, it should be complying with the Predatory Towing Prevention Act (“Act”). Signed into law in October 2007, the Act primarily increases oversight of tow companies but also regulates a private property owner in towing vehicles from the premises without the vehicle owner’s permission. Continue reading
Expiration of Permits Extended by Amendment to Permit Extension Act
Posted in Business & Commercial Law
On Monday, January 18, 2010, as one of his last acts before leaving office, former Governor Corzine signed an Amendment to the Permit Extension Act (A4347) (the “PEA Amendment”) further extending the validity of most land use and construction approvals and permits (hereinafter “Approvals”), which would otherwise expire, until at least December 31, 2012. Continue reading
Why Record a Deed?
Posted in Business & Commercial Law
Our recording system, having its roots in England, is basically a system for determining priority of legal claims against real estate. Thus, when one acquires title to real estate, or mortgages property, those instruments affecting title are usually recorded in the county clerk’s office. Continue reading
Well… Everyone Knows It: The Testimony of a Mold Expert
Posted in Business & Commercial Law
What most people think they know about mold and its effects on your health is not always the truth. Everyone knows that humans only use 10% of their brains (not true, although sometimes it may seem true), that Christopher Columbus called Native Americans “Indians” because he thought he landed in India, (not possible, as that part of the world was called Hindustan at the time) and that being cold will ensure that you actually catch a cold (also not true, sorry to all mothers out there). Continue reading
Retrofitness Sued By New Jersey Fitness Club Owners
Posted in Business & Commercial Law
Model A Fitness of Boonton, New Jersey has sued Retrofitness for fraud, consumer fraud, breach of contract, and violations of New Jersey’s Franchise Practices Act. Retrofitness Enterprises and Retrofitness Corp. owns, operates and franchises body building, health and fitness facilities under the “Retrofitness” trademark. The Retrofitness lawsuit is being watched by franchisors and franchisees alike. Continue reading
Real Estate Sales – Need for Signed Written Agreements
Posted in Business & Commercial Law
When buying and selling real estate, in nearly every transaction, a written contract is prepared for all parties involved to sign. One reason for this is obvious – to make certain that all parties can clearly see, and are in agreement with, all the terms and conditions of the transaction. This avoids any misunderstandings as to such important terms as the sales price, the description of the property being sold, the closing date, and any contingencies. However, another important reason to have a signed written agreement is to comply with New Jersey’s statutory requirements for enforcement of such agreements for the transfer of an interest in real estate. Continue reading
Divorce and Intellectual Property
Posted in Business & Commercial Law
The proper treatment of intellectual property (IP) in divorce cases requires an understanding of the different types of IP, valuation of the IP and ultimately equitable distribution of the IP as a marital asset. Continue reading
New Home Warranty Program Fails to Deliver Results for Construction Defects… Again
Posted in Business & Commercial Law
A common interest community association in Wildwood, NJ has had a crash course in the failure of the New Jersey New Home Warranty Act to protect the rights of New Jersey residents. The condominium is being forced to watch their decks decay and collapse before their eyes, while bureaucratic red tape and government inefficiency combine to create a disastrous situation for the unit owners. Continue reading
Squeeze-Out Technique: Withholding Information
Posted in Business & Commercial Law
Many times a majority shareholder seeking to squeeze-out a minority shareholder will deliberately withhold information relating to the closely held corporation. Withholding information is usually coupled with another form of oppression. The reason for the same is by leaving the minority shareholder in the dark about the status of the corporations and the actions of its officers and directors the minority shareholder will be unaware of the other forms of oppression Continue reading
How Restrictive Covenants May Affect Your Property
Posted in Business & Commercial Law
Most transfers of title to real estate are made subject to “easement and restrictions of record, if any.” Easements may be varied, but usually involve access rights for utilities, or perhaps a driveway easement to share a driveway with a neighbor. But what about those restrictions? What are they? Continue reading
