Category: Real Property Law

Kastrati v. Wyckoff Ford, Inc.

BUILDING PERMITS; ESTOPPEL—The twenty day time limit for an interested party to appeal issuance of a building permit is intended to insulate a recipient from the threat of an unrestrained future challenge.

• Opinion Date: January 24, 2001

Engel v. Jackson-Cross Company

BROKERS; REPRESENTATIONS—A seller that knows of the involvement of a particular broker in contract negotiations cannot rely on its buyer’s representations in a sales contract that no broker was involved in the sale.

• Opinion Date: October 9, 2002

Fox & Lazo, Inc., Realtors v. Marlton Circle Associates

BROKERS; COMMISSIONS; CONDEMNATION—Condemnation of property by a governmental agency is not equivalent to a sale as to require payment of a broker’s commission.

• Opinion Date: February 22, 2001

Illva Saronno Corp. v. Liberty Hill Realty Inc.

BROKERS—The regulatory requirement that a brokerage agreement have a definite terminal date which is not subject to any qualifying terms or conditions doesn’t necessarily require an absolute termination date; if the duration is sufficiently definable such that the parties know when the term will end, the requirement is satisfied.

• Opinion Date: October 24, 2001

In re Randall

FORECLOSURES; BANKRUPTCY—A debtor’s right to cure a mortgage default ends when the sheriff’s deed is delivered.

• Opinion Date: June 12, 2001

Herbert v. Howell

BROKERS—Failure of a broker to comply with real estate regulations may result in denial of a commission to the broker.

• Opinion Date: May 1, 2001

New Jersey Assoc. of Centers for Independent Living, Inc. v. N.J. Dept. of Community Affairs

BARRIER FREE SUBCODE—The court analyzes the regulations promulgated by the Department of Community Affairs under the Barrier Free Subcode as it applies to townhouses and elevator exemptions.

• Opinion Date: April 6, 2001

In re Bernstein

BANKRUPTCY; LIENS; FRAUDULENT TRANSFERS—If there is at least one theoretical creditor that could avail itself of the one year tolling (after discovery) period under the Fraudulent Transfer Act, then a trustee in bankruptcy can pursue a fraudulent transfer claim even if more than four years have passed since a suspect real property transfer took place.

• Opinion Date: March 13, 2001

In re Giberson

BANKRUPTCY; COLLATERAL ESTOPPEL—A party cannot use the bankruptcy court to relitigate a state court’s prior determination of equitable or legal ownership of property.

• Opinion Date: March 21, 2001

In re Bernardes

BANKRUPTCY; CLAIMS—The value of collateral establishing the secured or unsecured status of a claim is to be determined as of the effective date of the plan, which date courts have held variously to be the date the petition was filed or the date of confirmation of the plan.

• Opinion Date: October 12, 2001