Monday, August 9, 2021

New Home Purchase? Do not forget the home inspection

Home inspection for your new home purchase- Waive at your risk?

Buying a home at this time can be frustrating as potential buyers compete with each other to make the deal.  Presenting an offer that is "all cash," that is not contingent on obtaining a mortgage is one tool in the homebuyer's tool kit.  Another is waiving the home inspection.

There have been a series of articles on the wisdom of waiving the home inspection.

“I would never waive it,” says Samantha Eisenberg, a Compass real estate broker who works in the Boston suburbs. “A home purchase is probably the biggest purchase of your entire life and we spend more time picking out a sweater…If I buy clothes online, I try it on and see how it looks. A house we go through in 30 minutes and you’re waiving inspections (over) something that costs over a million dollars.”

A full home inspection can unearth everything from structural issues, roof problems, or faulty electricity and plumbing. If the thought of dealing with any of these gives you a major headache, you’re better off following the recommendation of your realtor.

The home inspection contingency, meanwhile, is a bit of legalese that gives a buyer a way out of a deal.

In today’s super-competitive market, buyers are making their offers stand out by agreeing to ignore minor issues. Rather than skipping inspection contingencies entirely, savvy bidders are modifying the language in their offers, says Katie Severance, an agent at Brown Harris Stevens in Upper Montclair, New Jersey.

For instance, you might still conduct an inspection but promise the seller that you’ll overlook any single repair valued at less than $500, or that you’re scouting for only major issues such as mold, radon or a faulty foundation.

“The buyer hopes to send the message to the seller that they’re not going to nickel and dime them,” says Severance, author of “The Brilliant Home Buyer: 101 Tips for Buying a Home in the New Economy.”

Homebuyers should, in our humble opinion, keep something in mind when they read the home inspection report.  If you are buying a house that is 50 years old and the inspector says "the hot water heater is nearing the end of its useful life" or "the electric system should be upgraded" or "the roof is original," those items are not defects in the house.  

Happy househunting.

  
We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Wednesday, July 14, 2021

New Jersey Riparian and Tideland Claims

 New Jersey Riparian and Tideland Claims

What are tideland or riparian claims?

 In New Jersey, “riparian rights and claims” are lands subject to ownership by the State of New Jersey because the property lies in areas that are presently or formerly flowed by tidal waters. See, the New Jersey Tidelands Act in N.J.S.A. 12:3.  In New Jersey, tideland claims and are found in 17 of its 21 counties.

 
What are tidelands and who owns them?

 Tidelands, also known as riparian lands, are all lands that are currently and formerly flowed by the mean high tide of a natural waterway. For example, Ocean County’s Barnegat Bay, a natural tidal body of water, is tidelands. But just because there is no water flowing today, it may surprise you that tidelands do not have to be wet today.  For instance, in Newark, many, many years ago there was a small tidal stream called New Creek that was filled in and built upon.  The same applies to areas of Hoboken, New Jersey built up long ago.  In fact, New Jersey had an extensive network of tidelands, both big and small, that you would never know by looking at them today.

As sovereign, the State of New Jersey claims ownership of these tidelands and holds them “in trust” for its citizens. The management and disposition of tidelands is overseen by the Tidelands Resource Council and the New Jersey Department of Environmental Protection (the DEP.)

 I’m buying a home on a bay and there’s a dock extending over the water.  Do I have a problem?

 Unless the title to your property that is under water is based on a riparian grant, lease of license (something Vested Land Services LLC checks for when you buy your property) you must obtain permission from the State via a Riparian Grant, Tidelands License or Lease.

 What is a Riparian Grant?

 A Riparian Grant is a deed from the State of New Jersey for the sale of its interest in that portion of your property that was or is now flowed by the mean high tide. As mentioned above, all property that was formerly tidal is State‐owned property despite the fact that it has been filled in and the former waterway is no longer evident.

 When you purchase a property, Vested Land Services LLC checks its title to determine if the property is or ever was subject to a state tideland claim.  If we find one and there is no record of a riparian grant, it’s a title issue that has to be resolved.

 What is a tidelands lease?

 A Tidelands Lease is a long term rental agreement from the State of New Jersey for the use of its tidelands. It is our understanding that the rent is negotiable depending on market conditions.

What is a tidelands license?

A Tidelands License is a short term rental agreement between the State of New Jersey and the property owner for the use of its tidelands. Per regulation, currently flowed tidelands that have not been previously sold by the State may only be leased.  They are renewable.

 In our years of experience, we have seen many Riparian Licenses. The are obtained in connection with the construction or use of docks, piers, mooring piles, floating docks, and boat lifts, that are constructed or will be constructed on the waterfront.

 Summary

 As with all things related to your home or investment property, the state of its title is one of the important areas that must be considered before you buy.  Vested Land Services LLC and its staff are here to help.  Let us know if we can.

 Disclaimer:

The information included is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts. It is the reader’s responsibility to comply with any applicable local, state, or federal regulations. Vested Land Services LLC and their employees make no warranties about the information nor guarantee of results, and they assume no liability in connection with the information provided.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, July 12, 2021

What is a tenancy by the entirety

What is a tenancy by the entirety?

The tenancy by the entirety is a unique estate that may be held only by a married couple or, in New Jersey as of February 19, 2007, civil union partners.  (For simplicity’s sake, we’ll include civil union partners as a married couple in the below discussion.)

 According to our colleague and noted title professional Lawrence Fineberg, Esq. “Its origin is said to be biblical in nature.  At common law, consistent with the biblical statement quoted below, a husband and wife were viewed as a single entity. Although this is no longer the case, some of the incidents of tenancy by the entirety are vestigial remnants of this conception.” (Citations omitted.)

 Unlike other forms of co-tenancy, a tenancy by the entirety may have only two co-tenants, who are married to each other.

 A deed or a testamentary devise to a married couple is presumed to create a tenancy by the entirety, in the absence of contrary wording in the deed or will. So, a deed from a spouse conveying the real estate owned in her name to herself and her spouse, vests title in them as tenants by the entirety.

 What if the couple is not in fact married at the time of the deed? In that situation, they will hold as tenants in common, even if they eventually marry. Likewise, say an engaged couple takes title to a home as tenants in common or as joint tenants, a tenancy by the entirety is not automatically created by their subsequent marriage.  So, if they wish to hold title as tenants by the entirety, a new deed must be created which vests title in them as such.

 But, if the parties are in fact married to each other at the time of the deed, a tenancy by the entirety will be created (in the absence of contrary language), even if their marital status is not recited in the deed.

 In New Jersey, as mentioned above, civil union partners are also presumed to acquire title as tenants by the entirety. However, domestic partners may not do so.

 Where title to realty is held by spouses married to each other as tenants by the entirety, the death of one spouse results in the vesting of the entire interest in the survivor automatically.

 The entry of a judgment of divorce automatically destroys the tenancy by the entirety, so that former spouses hold title as tenants in common.

 A tenancy by the entirety may not be terminated by the unilateral act of either spouse,  If one spouse attempts to convey to a stranger, however, the grantee succeeds to the interest of the grantor-spouse, including that spouse’s right of survivorship. The same result is reached where a judgment creditor or foreclosing mortgagee of only one spouse attempts to enforce its lien against property held by the entirety.

 Portions of the above have been adapted from Fineberg, N.J. Title Practice (NJLTI, 5th Ed. 2021).

 Disclaimer: The information included is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts. It is the reader’s responsibility to comply with any applicable local, state, or federal regulations. Vested Land Services LLC and their employees make no warranties about the information nor guarantee of results, and they assume no liability in connection with the information provided.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Wednesday, July 7, 2021

Is a real estate salesperson an independent contractor or an employee?

Is a real estate salesperson an independent contractor or an employee?

Tax-wise, the difference is significant.

From Cyquest Business Solutions Inc.

Always on the lookout to protect employees and the US and State’s pocketbooks at the same time, New Jersey often attempts to treat workers generally considered to be independent contractors as employees. Classifying an employee as an independent contractor with no reasonable basis for doing so makes employers liable for employment taxes.

 New Jersey has adopted, with exceptions, the so-called ABC Test to determine if a worker is an independent contractor or an employee.  

Per New Jersey Unemployment Compensation Law, a worker should be considered an employee unless all the following circumstances apply:

 A.    The individual has been and will continue to be free from control or direction over the performance of work performed, both under contract of service and in fact; and

B.     The work is either outside the usual course of the business for which such service is performed, or the work is performed outside of all the places of business of the enterprise for which such service is performed; and

C.     The individual is customarily engaged in an independently established trade, occupation, profession or business.

 A recent New Jersey Appellate Court decision sides with a real estate salesperson who was seeking classification as an employee.  Let’s sale the real estate industry in New Jersey is in a bind.  Here’s an article taken, in full, because it is behind a paywall at the New Jersey Law Journal.

Ruling Could Portend Shake-Up for Independent Contractor Status of Real Estate Salespeople

 The case "does have national implications" because real estate salespeople across the country work under conditions similar to New Jersey's, said Darren Barreiro of Greenbaum, Rowe, Smith & Davis in Woodbridge, representing the New Jersey Association of Realtors. He said the ruling could lead to an end of 50 years of real estate salespeople in New Jersey having independent contractor status.

 July 02, 2021 at 02:53 PM

 By Charles Toutant

 A New Jersey appeals court ruling could open the door to a finding that commissioned real estate salespeople are employees and not independent contractors.

 The appeals court said the so-called ABC Test for deciding a worker’s employment status applies to a dispute between real estate salespeople and Weichert Realty over payroll deductions. The ruling said an Essex County Superior Court judge correctly denied Weichert’s bid to dismiss a class action over the company’s deductions for insurance, marketing and other expenses from the salespeople’s earnings.

 Plaintiff James Kennedy II claimed that the deductions violate New Jersey’s Wage Payment Law, but Weichert and amicus New Jersey Realtors argued that the Wage Payment Law does not cover fully commissioned real estate salespeople. Weichert moved to dismiss the suit on that basis but the trial judge denied the motion, declaring that the real estate salespeople’s status is determined by the ABC Test. That judge cited the Supreme Court’s 2015 decision in Hargrove v. Sleepy’s, which held that the ABC Test governs whether a plaintiff is an employee or independent contractor for purposes of resolving a wage payment or wage-and-hour claim.

 Under the ABC Test, a worker is presumed to be an employee unless the employer can show that A, the employer neither exercised control over the worker nor had the ability to exercise control over how the work is completed; B, the services provided by the worker were either outside the usual course of business or provided outside all the places of business of the enterprise; and C, the individual is customarily engaged in an independently established trade, occupation, profession or business.

 On appeal, Weichert claimed that the ABC Test does not apply to real estate salespeople because the state’s Unemployment Compensation Law expressly excludes them from coverage. But the appeals court panel of Judges Carmen Messano, Mitchel Ostrer and Ronald Susswein rejected that claim, adding that Weichert wrongly held that the Hargrove ruling applies only to truck drivers.

 “We conclude that the UCL’s special treatment of commissioned real estate salespersons does not render the ABC test inappropriate to determine a real estate salesperson’s independent-contractor status under the Wage Payment Law,” Ostrer wrote for the panel.

 The appeals court said the ABC Test applies to the period before enactment of the Brokers Act, a 2018 statute.

 The appeals court said it lacked sufficient information from the record of the case to decide the outcome of an ABC Test focusing on the period before the Brokers Act was enacted, and it could not decide based on the information before it whether the ABC Test applied to the period after enactment of the Brokers Act. The case was sent back to the trial court for those issues to be addressed after the record is augmented.

 Kennedy and the putative class were represented by Ravi Sattiraju of Sattiraju & Tharney in East Windsor. Sattiraju said the ruling could result in a finding that realtors are employees, rather than independent contractors, but he said he would “take it a step at a time.” Sattiraju added that he was “pleased with the ruling. We’re going to continue to litigate the case.”

 Weichert was represented by John Birmingham and Jennifer Keas of Foley & Lardner, with Thomas Ryan of Laddey, Clark & Ryan in Sparta as local counsel. They did not respond to calls about the ruling.

 Darren Barreiro of Greenbaum, Rowe, Smith & Davis in Woodbridge, representing the New Jersey Association of Realtors, said the ruling could lead to the end of 50 years of real estate salespeople in New Jersey having independent contractor status. Most of the sales agents want to maintain their independent contractor status, he said.

 Barreiro said his group was hoping to see an appeal of the ruling before the Supreme Court in conjunction with another case already pending there, Walfish v. Northwestern Mutual Life Insurance, which raises similar issues as they pertain to insurance salespeople.

 “We think the Appellate Division was hamstrung by Hargrove. We’re urging the Supreme Court to clarify the ruling in Hargrove so the exemption will apply,” Barreiro said. He added that the case “does have national implications” because real estate salespeople across the country work under conditions similar to New Jersey’s.

 [End]

 We in the title insurance industry will be keeping an eye on this case as the New Jersey attempts to tax our independent contractors - title searchers - as employees.

Disclaimer:

The information included is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts. It is the reader’s responsibility to comply with any applicable local, state, or federal regulations. Vested Land Services LLC and their employees make no warranties about the information nor guarantee of results, and they assume no liability in connection with the information provided.

 

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content

Tuesday, July 6, 2021

Condominium vs. Co-operative: What’s the Difference?

Condominium vs. Co-operative: What’s the Difference?

 Being a homeowner can be irksome and can take the fun out of homeownership itself.  If that’s the case, it might be time to make a move to either a condominium (condo) or co-operative (co-op).

 Condos and co-ops offer the benefit of not having to handle all of the routine upkeep you get in a house, but, as with everything in life, there a pros and cons to both.

 What is a co-op?

 First, please understand that co-ops are unique as far as ownership is concerned. Co-ops are different from condominiums and other residential arrangements because they aren’t considered “real property.” They are “interests in real property.” When you buy into a co-op you are buying shares in a corporation which owns the land and building.  You ownership in the co-op corporation entitles you to an apartment or unit usually embodied in a proprietary lease. But that’s not the only difference between a co-op and condo.

 The basic differences:

 Ownership

 Condo: Buying a condo means you own the real estate, including an interest in common areas.  Those common areas can be lawns, the swimming pool, or the parking garage.  There is no approval process when you buy your condo, and you don’t get a chance to pick your neighbors.

 Co-op: When you buy into a co-op apartment, you’re buying shares that entitle you to a portion of the building. A co-op board will have to approve you in as a new owner.  Proceedings, in the vast majority of cases are not subject review.  When you sell your co-op, the buyer has to go through the same procedures you did when you bought.

 Fees and expenses

 Condo: Condos charge maintenance fees, usually on a monthly basis. This covers maintenance costs for the building’s common areas.  They can include expenses ranging from lawn maintenance, pool upkeep, snow removal and certain routine maintenance that all buildings need.  See below about real estate taxes and mortgages.

 Co-op: Co-ops will also charge fees, but they are often higher in a co-op and sometimes include items like utilities. They will include a proportionate share of the building’s mortgage and real estate taxes.  See below.

 Keep in mind maintenance fees for condos and co-ops may increase over time.

 Cost

 Condo: Condos usually cost more to buy than a co-op, but you have more flexibility with your investment. It’s usually easier to sell or lease out a condo.

 Co-op: While co-ops will have higher fees, the initial cost of buying into a co-op is usually cheaper than a condo. However, it is almost impossible to rent out your co-op apartment.

 Property taxes

 Condo: Condos are individually owned, so owners are taxed separately just as they would be in a single-family home.

 Co-op: Co-ops are considered a single property, with a single property tax assessment that is split among the owners and usually included in the maintenance fee. Property taxes are typically lower on co-ops than on condos.

 Tax deductions

 Condo: If you own a condo, the mortgage interest and property/real estate taxes are deductible – just like a home.

 Co-op: Co-op residents can deduct their share of property taxes and mortgage interest.

 Disclaimer:

The information included is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts. It is the reader’s responsibility to comply with any applicable local, state, or federal regulations. Vested Land Services LLC and their employees make no warranties about the information nor guarantee of results, and they assume no liability in connection with the information provided. 

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
Sphere: Related Content