Real Estate

Real Estate Law involves the buying or selling of a home, which is typically the most considerable financial transaction a person will face in a lifetime. Whether you are buying or selling a home, it is important to have experienced, competent counsel to protect your interests. With such a large financial transaction looming, it is crucial to insure that you have the necessary legal representation. It would be a potentially costly mistake to leave yourself legally vulnerable.

# Buying a Home
# Selling a Home
# Environmental Litigation and Due Diligence
# Commercial Leasing and Lease Litigation
# Residential and Commercial Real Estate
# Zoning and Land Use


Buying a Home

Once a buyer selects a home to purchase, and a price has been agreed upon with the seller, a formal contact is drawn up and signed. Ideally, an attorney should be contacted before the contract is signed; but if not, it is absolutely imperative that you contact an attorney immediately once the contract is signed by both the buyer and seller.

You have three (3) days from the date of the signing to amend, modify or cancel the contract. Once the revisions are made and agreed upon, or if no amendments are demanded within the three (3) day period, the buyer is now obligated to perform the requirements under the contract. Generally, the buyer must immediately apply for a mortgage, as well as schedule a home inspection, upon completion of this attorney review period.

We at Scura, Mealey, Scura & Stack, LLP can assist you in satisfying these requirements. We will be in constant contact with your mortgage representative and home inspection team in order to insure that your needs are being met in a timely manner. Once you receive your mortgage commitment (which is the mortgage company's promise to grant you a mortgage for the property), we will immediately order your title work and survey. These steps are necessary to insure that you will obtain a clean title. In other words, this will insure that once you purchase the property, no one else will have an interest or a legal right to the property.

We will also carefully review the home inspection report with you, as well as the Home Inspector; and, if necessary, we will make the appropriate demands to the seller's attorney to rectify any problems which have been discovered. Alternatively, you could choose to demand a modification of the purchase price due to any flaws that were detected. Prior to the closing date, we will also insure that all the necessary documents are fully and accurately prepared and filed as necessary to insure a swift closing with no surprises. At the closing date, which is usually two (2) to three (3) months after the contract has been signed, the deed is transferred, the mortgage papers are signed, the requisite funds are transferred and the keys to the property are delivered to you. At this point, you are legally the owner of the real estate property.

Selling a Home

When selling a home, it is equally imperative that the contract be reviewed within the three (3) day attorney review period. At this time, we will study the contract and make the necessary revisions in order to protect your interests, to maximize your profit derived from the sale and to insure a smooth transition of the property.

Many times it is necessary for you to remain in the property beyond the closing date due to the fact that you may be simultaneously purchasing another home. This can be accomplished through a "Use and Occupancy Agreement" which allows you temporary use of the property.

In order to insure a smooth closing, we will generate the necessary deeds and affidavits of title for the property in question. We will also insure that the buyers have made the necessary deposits and that they are fulfilling their end of the bargain. Much of the seller's concern, in addition to receiving a fair price, is limiting their liability to being sued after the closing. We will review and modify the contract with scrutiny so as to limit the buyer's right to sue you after the closing in order that you can safely and confidently receive your proceeds and put the closing behind you.

Environmental Litigation and Due Diligence

New Jersey is a unique and environmentally proactive state. Many people are unaware of the strict liability provisions of New Jersey's environmental statutes and their federal counterparts relating to clean up costs associated with environmental contamination. We have experience in representing clients with respect to NJ Spill Act and the federal CERCLA claims among other state and federal statutes, as well as private costs recovery actions.

Unlike many other states, New Jersey has the Industrial Site Recovery Act (AISRA@). ISRA is a unique law in that it is not triggered upon the discharge of contamination. Rather it is triggered upon certain business transaction such as the closure of the business or the sale of certain classes of property. We represent clients in obtaining ISRA approval as well as Real Estate/Environmental Due Diligence in connection with commercial and residential property, including, but not limited to wetlands delineation and permitting.

Commercial Leasing and Lease Litigation

Commercial Leases are often complex documents which set forth the rights and obligations of two commercial entities with respect to a piece of property. Therefore, it is essential that the document be prepared with the necessary foresight to protect the parties rights against possible risks and challenges associated with both the property and the business being operated therein. Our office is experienced in the review and preparation of Commercial Leases with respect to both residential and commercial properties.

We also have extensive experience in litigation arising from Commercial Leases especially with respect to defense, indemnity and hold harmless provisions of Commercial Leases. We have successfully represented corporate clients in such instances and recovered significant attorneys' fees pursuant to clauses contained in Commercial Leases.

Residential and Commercial Real Estate

Perhaps the most significant transaction that many couples face is purchasing their first home. What seems like a simple process can sometimes become complex and burdensome. Our firm represents clients in residential closings, both purchase and sale, as well as refinancing and corrective deed filings.

Our office is also experienced in acquisitions and sale of commercial real estate. Unlike, residential real estate, commercial real estate transactions involve due diligence and careful examination of Environmental, Municipal and Zoning and Planning issues. Our office is also experienced in dispute with real estate brokerages involving brokerage commissions.

Zoning and Land Use

New Jersey has often been referred to as a Ahome rule@ state, meaning each municipality may establish its own Zoning and Land Use ordinances governing its property. Municipalities will have certain requirements regarding setback and lot coverage requirements which individuals seeking to subdivide a piece of property and construct dwellings and other buildings thereon must comply with. Similarly, property owners may seek to modify or extend an existing house or building beyond the setback requirement permitted under local zoning ordinances, or seek to conduct a use that it is not permitted or not conforming within the surrounding zone. In such cases, a variance from the local planning or zoning board of adjustment will be required.

Our firm is experienced in representing applicants as well as objectors to applications before local planning and zoning boards of adjustment.