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O’Hara v. Shoimer

A-2853-96T2 (N.J. Super. App. Div. 1997) (Unpublished)

LEASES; ORAL AGREEMENTS; ATTORNEY REVIEW—A three day attorney review period is not applicable to leases with a term of less than one year. Parties can be bound by their oral agreement and the contemplated written lease is just a memorialization of the oral agreement.

A husband and wife orally agreed to rent a condominium for one month and tendered a deposit. While a written agreement was being prepared, they sought to revoke their acceptance. The condominium owner sued. The Appellate Division affirmed the trial court’s holding that the attorney review period, which gives parties three business days to revoke acceptance of terms of an agreement, was not applicable to leases for less than one year. The Court also supported a finding that the parties intended to be bound, and cited case law holding that parties may be bound by a “preliminary” agreement if they think a later writing is merely to formalize terms already agreed upon.


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