Norris McLaughlin & Marcus, P.A.

Blogs > NJ Real Estate Dispute

Breach of Purchase & Sale Agreements

Apr 10, 2017

The Telegram Has Gone the Way of the Horse & Buggy In Residential Real Estate Transactions

The New Jersey Supreme Court last week dragged residential real estate contracts out of the dark ages when it ruled that an attorney’s notice of disapproval of a real estate contract may be transmitted by fax, e-mail, personal delivery, or overnight mail with proof of delivery. Noticeably absent from the modes of acceptable notice is that hoary method of reaching out and touching someone: the telegram.» Read More

Apr 17, 2015

It’s All About Performance, Specifically

Let’s say you’ve entered into a contract to buy a piece of property: your dream house, horse farm, or cattle ranch. The price has been negotiated at arm’s length, the contract is signed, you’ve applied for a loan, and you are looking forward to the closing date. The closing date finally approaches, but the seller puts it off. This happens several more times, and you start to get that sinking feeling.» Read More

Jan 12, 2015

Flag On The Play: Tortious Interference

In football, if you interfere with the receiver trying to catch the ball, that’s pass interference. In basketball, if you impede the forward progress of the player with the ball, you will draw a foul. In baseball, it is illegal to interfere with the runner between the base paths. Are you starting to discern a pattern here?

Much like in some of our favorite sports, it is also illegal to interfere with a prospective purchaser’s contract, or prospective contract, to purchase property.» Read More

May 06, 2013

Court Slams Plaintiffs in Interstate Land Sales Full Disclosure Act Case Brought Against Developer

In May 2010, I wrote a post about the serious consequences that could flow from a developer’s violation of the Interstate Land Sales Full Disclosure Act (“ILSA”).

Recently, the Second Circuit Court of Appeals rejected a purchaser’s claim that a developer’s technical violation of ILSA gave the purchaser the right to rescind their contract. In Bacolitsas v. 86th & 3rd Owner, LLC, 702 F.3d 673 (2d Cir.» Read More

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