New Jersey Real Estate Contract: Different Types and Key Terms to Include
Quick Facts — Real Estate Contract Lawyers (New Jersey)
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What is a New Jersey Real Estate Contract?
A New Jersey real estate contract is a legally binding agreement between two parties, a buyer and a seller, for the sale and purchase of a piece of real property. The contract outlines the terms and conditions of the transaction, including the purchase price, financing terms, closing date, and any contingencies that must be met before the sale can be completed.
A real estate contract will also specify the responsibilities of each party during the transaction, like the buyer's responsibility to obtain financing and the seller's responsibility to transfer the title to the property.
Common New Jersey Real Estate Contracts
The most common real estate contract used in New Jersey is the New Jersey Association of Realtors contract. It is used by realtors who belong to the association for the sale and purchase of residential real estate. In New Jersey, a real estate contract becomes legally binding after three business days.
If you are not buying or selling residential property, you will need to use a different real estate contract. Other common contracts include:
- Commercial real estate contract . Used when buying or selling commercial property that is zoned for business operations.
- Real estate assignment contract. Used when purchasing investment properties because this agreement allows the buyer to assign the contract to a second buyer.
- Lease agreement. Also called a rental agreement, this contract is used when a property owner wants to rent their property to a tenant.
4 Essential Elements of a New Jersey Real Estate Contract
The four essential elements of a contract as required by New Jersey law are:
- There must be an agreement between the parties to enter the contract which is usually shown through an offer and acceptance of the offer.
- The parties must exchange items of value. In a real estate contract, consideration is usually the exchange of money for the property.
- The parties entering the contract must have legal capacity to enter the agreement. This means the parties must be of sound mind, cannot be under the influence of alcohol or drugs, and cannot be minors.
- Contracts must be of legal purpose and cannot break the law or encourage either party to break the law.
If a real estate contract in New Jersey is missing any of these essential elements, it will be ruled void and unenforceable.
What Should Be Included in a New Jersey Real Estate Contract?
The purpose of a real estate contract is to facilitate the sale of property and protect the interests of both parties. To accomplish these goals, the contract must contain specific information.
The following terms are usually negotiated and included in a real estate contract in New Jersey:
- Party information. The names and addresses of the parties involved in the transaction, including the buyer, seller, and any agents or brokers involved.
- Property description. The legal description of the property including the full address.
- Purchase price. The agreed upon purchase price for the property.
- Contingencies. Conditions that must be met before the sale can be completed like a home inspection or securing financing.
- Disclosures. Warranties or representations required by New Jersey state law made by the seller regarding the condition of the property.
- Closing date. The date on which the sale will be completed.
- Signatures. The signature of the buyer, seller, and any agents or brokers involved in the transaction.
Depending on the parties and the property, additional terms may need to be added. It is always recommended to consult with a realtor or real estate attorney before signing a real estate contract.
Frequently Asked Questions
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Meet some of our New Jersey Real Estate Contract Lawyers
Ken S.
Transactional attorney specializing in mergers & acquisitions. Other services include business formation, contract review, and general corporate matters.
"Would recommend to anyone who needs ToS services, and will be my first go for future legal matters as well"
Antonella C.
I am a business transactional & trademark attorney with 15 years experience in the law firm and in-house settings. I am barred in Pennsylvania and New Jersey. I currently own my own practice serving businesses and entrepreneurs with business transactional and IP law.
August 9, 2023
Daniel K.
My practice focuses on business and commercial litigation. I have worked with companies of all sizes from sole member LLCs to those in the Fortune 500. I've advised clients on mergers, equity issuances, commercial transactions, joint ventures, employment issues, and non-competition. I've also drafted and negotiated the underlying agreements for these transactions and more.
Ryan M.
Tanu C.
Ms. Tanu Chaturvedi Esq. brings vast experience: experience as an Attorney at a company that is a global leader in e-Discovery, experience as the sole domestic Corporate Legal Counsel at a respected corporation in the nation’s capital, experience as the sole international and domestic Corporate Counsel at a multi-million dollar international corporation, experience as a legal & business leader in the legal department at the world's leading mission capability integrator in the nation's capital that has been named a Top 100 Employer Forbes by state & Top 25 Defense Contractor in the world & named Top 7 in the Washington Technology Top 100 2022 & one of the largest defense contractors in the marketplace & has also been named as Top Managed Company by The Wallstreet Journal & included in the Inc. 500, experience as the sole Attorney at a national company that was recognized in 2017 as a top employer in the capital by "The Washington Post" & has also been listed on the Inc. 5000 more than once as one of the fastest growing companies in the nation, & in 2019, & named as a Finalist for the DC Moxie award: for businesses that demonstrate significant boldness & innovation in business strategy, experience working at one of the world's largest insurance brokerage firms, one of the largest law firms in the capital, experience working at a corporation with global reach that was lead by a former cabinet member of the Clinton administration, experience working at a Fortune 500 in one of the world's largest insurance markets, at an internationally recognized boutique law firm, experience as the only female legal professional in the felony division of a criminal department in the nation's most dangerous jurisdiction as an undergrad, & experience working in the offices of public officials. She brings extensive experience working with both commercial contracts and government contracts. She also successfully completed two distinct certificates and an online course in Contract Management from the National Contract Management Association. More specifically, she also brings extensive legal experience in corporate law, general litigation, insurance law, and employment law. She brings extensive experience with People Management. She started her career as a manager managing up to fifteen interns in her first legal role. She has managed a team of up to fifteen attorneys, and has managed interns on regular basis in her other professional role throughout her career. She has extensive experience with technology (Contract Management Platforms and Relativity). She has incorporated legal technology platforms into her offices throughout her career. She has successfully implemented the technology, drafted standard operating procedures, and provided office training for the technology platform utilization throughout the entire company. She is also a graduate from three different internationally recognized institutions that have a record of turning out graduates with the skill to lead in their industries & distinguished law school graduate from an ABA accredited law school and received recognition for academic & leadership achievement while in law school. She hold a Juris Doctorate (Cum Laude), and a certificate in Business Analytics from Wharton Business.
July 27, 2023
Stephen S.
Stephen is a graduate of Nova Southeastern University - Shepard Broad College of Law, Stephen is licensed to practice in New Jersey and New York. He focuses on Morris, Passaic, and Bergen County, New Jersey, but services all of New Jersey. Before graduating, Stephen did an externship in Denver, Colorado with a focus on land use and development. Upon returning to New Jersey, he focused on Condominium and Home Owner Association. He also worked with Residential Real Estate Transactions and Estate Planning clients.
August 15, 2023
Anthony V.
Anthony M. Verna III, is the managing partner at Verna Law, P.C. With a strong focus on Trademark, Copyright, Domain Names, Entertainment, and Advertising law, Verna Law, P.C. strives to provide all Intellectual Property services a modern business of any size may need to market and promote itself better. From the very early concept stage, Verna Law, P.C. can conduct a comprehensive, all-encompassing search and analysis on any proposed trademark to head off complications. Once the proposed concept enters the Alpha stage, Verna Law, P.C. can seamlessly switch to handling registration, protection, and if needed, defense of registered trademarks, copyrights, and domain names, as well as prosecution of entities violating said rights. Verna Law, P.C. also provides intellectual property counseling and services tailored to fit into your business’ comprehensive growth strategy. This shows as many of Verna Law, P.C.’s clients are international: from China, the United Kingdom, Canada, and Germany, Verna Law’s reach is worldwide. Additionally, Verna Law, P.C., can handle your business’ Entertainment and Advertising law needs by helping your business create advertising and promotions that keep competitors and regulators at bay. Located in the shadow of New York City, Verna Law, P.C. has a global reach that will provide clients with the most vigorous Intellectual Property advocate available. Anthony M. Verna III is a member of the New York and New Jersey Bars, as well as the U.S. District Court Southern District of New York. He is a sought-after business speaker, including regular appearances at the World Board Gaming Championships, Business Marketing Association of New Jersey, and Columbian Lawyers Association.
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Real Estate
Real Estate Contract
Illinois
what is better to buy land or rent for construction in US?
we are a construction company from Ukraine, we are planning to build a cottage town in the USA
T. Phillip B.
I suppose it doesn't matter if you have the lease giving you permission and the lease is long enough to justify the building expense when you won't own it. But I'd buy the land so you could eventually sell the property with the building on it.
Real Estate
Real Estate Contract
Georgia
WHAT ARE YOUR FEES TO PERFORM QUIT CLAIM DEED COMPLETE BUTTS COUNTY GEORGIA 30233
SON AND EX
Meghan T.
Hi. The cost for my practice to prepare a Quit Claim Deed is $99. The Cost for me to handle the closing is $250 plus recording fees. These costs apply for any county within the state of Georgia. Let me know if you have any more questions. Meghan K Thomas
Real Estate
Real Estate Contract
New York
Can you purchase or refinance under a land contract?
I’ve been living here for 2 years. Currently have been working with my credit union and they are having a terrible time trying to understand the legalities of my land contract first off, and secondly they just don’t seem to know what they are doing. It’s been over 8 months, 4 different loan officers and I’m once again waiting for someone else to help finish this thing out. It’s only $60,000 with a $120,000 appraisal. So, as of now I am stuck paying 2.5x monthly under this land contract than I was promised would be an easy mortgage process. So any guidance in the right direction would be very helpful. It’s a New York home. 20 yr fixed, no balloon, with a (brace yourself) 12% apr. HELP ME PLEASE! One month I’m being told to authorize a credit check for a first time homebuyer grant method of mortgaging this property. The next it’s authorizing it for a refinance. I do have earnest money deposits for over $3,000 and another $3000 paid towards principal under this land contract also.
Jane C.
I suggest you speak with a New York real estate attorney. That attorney needs to review the documents related to the transaction.
Real Estate
Real Estate Contract
Georgia
How many years does a quick claim become effective?s
Number of years for quick claim to be effect ive
Meghan T.
A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas
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