Real Estate Law

The firm assists individual and business clients in residential and commercial real estate purchases, sales, and refinances. We negotiate and draft residential and commercial leases for tenants and landlords. Clients feel protected and empowered by having one of the area’s premier real estate firms on their side. We focus on your needs. Our clients include first-time home buyers, motivated sellers, developers of property, and experienced investors.

Your home represents one of your most significant financial assets. Residential real estate law has become one of the more complex areas of the law with ever-changing federal, state, and local laws and regulations. Our knowledge and understanding of applicable laws, together with our responsiveness, ensures that your transaction proceeds smoothly from start to finish, from contract to closing. Our careful review of the contract terms, financing contingencies, inspection provisions, title reports, survey reviews, and other potential issues are critical to meeting your goals and protecting your legal rights.

“You are the nicest lawyer we have ever met. You really made our first time buying a home a great experience.”

~ M.C. South Brunswick, NJ.

Practice Areas

● Purchase and Sales
● Refinances
● 1031 Tax Deferred Exchange
● Contract Preparation
● Title Resolution
● New Construction
● Short Sales

Our Clients

● Buyers and Sellers
● Investors
● Landlords and Tenants
● Developers and Builders

Buying a Home

Buying a home is a major financial and life-changing event. Assembling an outstanding team of professionals who can guide you through the process is invaluable. These professionals include your realtor, inspector, loan officer, title company, and attorney.

Two important contract contingencies relate to inspections and mortgage.

The home inspection contingency generally provides you with a limited opportunity to conduct property inspections, obtain and review reports, and notify the Seller of your concerns via our office. We will negotiate any inspection repairs or credits.

Most contracts will contain a mortgage contingency provision. This means that your obligation to purchase the home is contingent or based upon your ability to obtain a mortgage loan. The contract will provide a deadline by which the approval letter, commonly called a “commitment letter,” must be obtained.

Steps in Buying a Home

• Mortgage Pre-Approval
• Contract Signing and Review
• Deposit
• Mortgage Application
• Home Inspection
• Title Search and Survey
• Documents for Closing
• Closing

Attorney’s Role

• Reviewing the Contract
• Negotiating Inspection Concerns
• Communicating with the Lender
• Reviewing the Title Report
• Preparing for Closing
• Resolving Issues     

Selling a Home

Selling a home is a rewarding and satisfying experience. It can also be emotional and stressful. Assembling an outstanding team of professionals, including your realtor and attorney, will ensure a successful transaction. As your attorney, we will protect your contract rights, clear title concerns, negotiate inspection issues and prepare for closing.

Steps in Selling a Home

• Employ a Realtor
• Prepare Your Home for Sale
• Sign the Contract
• Negotiate Inspection Issues
• Conduct Township Required Inspections
• Prepare for Closing
• Execute Sale Documents

Customary Fees Associated with Selling a Home

• Real Estate Broker’s Commissions
• New Jersey Real Estate Transfer Fee
• Attorney’s Fee
• County Clerk Mortgage Cancellation Fee
• Closing Fees

Attorney’s Role

• Reviewing the Contract
• Monitoring Contractional Deadlines
• Negotiating Inspection Concerns
• Reviewing the Title Report
• Preparing Legal Documents
• Ordering the Payoffs
• Preparing for Closing
• Resolving Issues

Success Story: Bidding War

A young married couple was becoming disenchanted with the home-buying process, having lost out in bidding wars on three prior homes in Plainsboro, New Jersey. They made a fourth offer on a beautiful home. The signed realtor-prepared contract was distributed to the parties and attorneys on a Friday morning. We promptly reviewed the agreement, conferred with the clients, and prepared an addendum with recommended contract changes that morning. The sellers' attorney agreed to our proposed contract changes that afternoon, resulting in a binding contract and the conclusion of the attorney review period. With the contract now binding, a previously scheduled open house for Saturday was canceled. The transaction proceeded flawlessly to closing. Our clients were thrilled!

Success Story: No Place to Move

Buying a home can be stressful with last-minute surprises. Buyers' lender, the day prior to closing, notified Buyers that they would be unable to close on time due to an unexpected internal lender matter over which the Buyers had no control. Buyers had already scheduled their movers during the busiest time of year. Due, in part, to the positive relationship Rothenberg & Associates, LLC had with all interested parties throughout the transaction, along with the creative and quick action of our firm, the parties agreed that the Buyers would be able to move their personal property onto the property before closing. Rothenberg & Associates, LLC promptly prepared a hold harmless storage agreement so that Sellers would allow Buyers to store their personal property. The move occurred on time, avoiding a potentially disastrous and costly situation.

Success Story: You Should Not Pay Seller’s Unpaid Taxes

Few attorneys fully understand the New Jersey Bulk Sales Act's complexities and the potentially damaging implications in real estate transactions. At Rothenberg & Associates, LLC, we protect our clients' interests. During our recent representation of Buyers in a residential real estate transaction in Hamilton, New Jersey, we insisted upon the filing of the Bulk Sale forms with the New Jersey Division of Taxation, over the objection of the Seller's attorney. Based upon our contract changes and due to our Bulk Sale filing, the New Jersey Division of Taxation required money to be held in escrow at closing from the Seller's proceeds. They ultimately determined that money was due from the escrowed funds, money that the Buyers could have been required to pay but for the knowledge, persistence, and actions of Rothenberg & Associates, LLC.

Success Story: Title Problems Resolved

Buyers were excited to be purchasing their first home in West Windsor, New Jersey. However, a title problem arose during the process relating to an old mortgage of record. The Seller, Seller's attorney, and Buyers' title company all wanted to put a band-aid on the problem, whereby the Buyers would get an insurable but not a marketable title. After the closing, the lien would remain on the property. This could have the potential for problems when the Buyers went to sell their home. Due to the expertise and perseverance of Rothenberg & Associates, LLC, the title company agreed to obtain the necessary Discharge of Mortgage from the previous mortgage company and provide marketable and insurable title to the Buyers.