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A recent unreported New Jersey Appellate Division decision highlights a seller’s responsibility to disclose real estate defects and the limits of “as is” clauses. In that case, Battaglia v. Aversa, 2023 N.J. Super. Unpub. LEXIS 1576, the plaintiff purchased a home. The home inspection did not reveal any potential water issues. The contract explicitly stated Read More

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When A First Right of Refusal Is Too Late

On December 22, 2022, the Superior Court of New Jersey, Appellate Division decided the case Saadia Square LLC v. SM Logistics Member LLC et. al. This case arises out of a dispute between the parties’ Operating Agreement and the ability to revoke an offer prior to acceptance. The Operating Agreement requires Defendant to offer Plaintiff the right of first refusal to purchase property that Plaintiff intends to sell Read More

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Court Rules Proceeds of a Partition Should be Equally Distributed Between Property’s Co-Owners

This week, the Superior Court of New Jersey’s Appellate Division affirmed the Chancery Division’s holding that the net proceeds of a partition by sale of property should be equally distributed between the property’s co-owners. In Gabriel v. Wallace, No. A-2449-21 (App. Div. Dec. 28, 2022), two individuals had purchased a piece of property as tenants Read More

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Lost Profit Claims for New Business Are Now Allowed in New Jersey

For decades new business owners have been precluded from alleging lost profit damages in New Jersey courts. The issue would arise when a lawsuit was filed and a new business owner would assert a claim for lost revenue due to someone else’s wrongdoing. Since a 1936 case entitled Weiss v. Building & Loan Associates our Read More

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Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

On June 9, 2022, the New Jersey Supreme Court unanimously decided that attorney review period is not a required contractual provision for a residential real estate sale by absolute auction. In this case, John C. Sullivan v. Max Spann Real Estate & Auction Co. (A-57-20) (085225), Plaintiff John C. Sullivan was trustee to the Sylvester Read More

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Piscataway community members challenge Zoning Board variance approval of giant warehouse development in residential zone

Warehouse development is a controversial arena in the State of New Jersey. The most densely populated state in the country has little open and natural space to spare, yet that very population’s online purchases necessitate more and more facilities for product storage and distribution. The industry, which was already growing thanks to services such as Read More

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The Tortious Interference Claim

If you lose a bid for a property despite having submitted the highest financial bid, does this mean that you have a claim for damages against the broker? Maybe not. On April 15, 2021, the Appellate Division in an unpublished decision affirmed a trial court’s dismissal of tortious interference and common law fraud claims against Read More

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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