Legal Question in Landlord & Tenant Law in New Jersey

use and occupancy

I gave my attorney power of attorney for a condo closing. since I had to stay in the condo after closing 1500.00 was placed in escrow. The other attorney will not release the escrow being of wallpaper damange (normal wear and tear) it was the same way before closing. The other lawyer claims this needs to be addressed,''use and occupancy''.

Noone gave me a written ageement, I'm going to civil court but how do I prove I'm right if I don't know what was agreed upon. Can I contact the other lawyer to ask him? I e-mail my lawyer but have not heard back. Maybe there is a general rule for use and occupany how could I find out what the rule is?


Asked on 10/19/06, 11:33 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: use and occupancy

Your question is very unclear. It does seem that the attorney who handled your closing did not help you with this mess. And it seems likely (but I am not sure) that your attorney either failed to prevent a mess or did not do what your attorney needed to do to assist you.

For $1500.00, it will be hard to get another lawyer to help you without spending almost that much on the lawyer. I would be willling to try to assist you.

I do think you will benefit from an attorney's advice and assistance.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 10/19/06, 11:51 am
John Corbett Corbett Law Firm LLC

Re: use and occupancy

You can certainly contact the other lawyer. The rule against contacting represented parties directly applies only to lawyers, not to principals.

I'll bet that the lawyer who handled the original transaction will call or email you back if you mention the word "ethics" or "ethical" in your communications.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/19/06, 12:06 pm
Gary Moore Gary Moore Attorney At Law

Re: use and occupancy

The amount of money which you are talking about makes your case a small claims matter where lawyers usually do not appear in court.

If the issue is whether you did damage to the premises before you vacated same you need to produce in court witnesses to the condition of the wallpaper or whatever, prior to the closing.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.como

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Answered on 10/19/06, 5:23 pm


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