Legal Question in Real Estate Law in New Jersey

House buying with siblings

Hi

My dad passed away in Sept. his house has to be sold

If I buy my dad's house with my half brother ( the house and family are in Florida, I am in NJ ) can I get a legal contract drawn up to protect me against damage to the house, ( since I won't be living there ) splitting of maintenance, room choice, a default clause if he doesn't pay his half of the mortgage,if he decides to rent out some or all of the house that he will be responsible for any damage caused and any other type of protection I may feel needs to be in writting?

Thank You so much

I want the house very much, my dad built it and now that's all that's left of him, but his kids from his second marriage have never proven to be trust worthy


Asked on 12/06/01, 2:42 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: House buying with siblings

You should absolutely arrange to have a contract draw up indicating all that you have stated and more. It is imperative that you contact an attorney to accomplish this. I will be happy to do so if you call me at 856-546-8010. Mention LawGuru and your first consultation is free. Rob Gleaner

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Answered on 12/10/01, 1:23 pm
Miriam Jacobson Retired from practice of law

Re: House buying with siblings

First, I am not licensed in Florida and cannot advise you about law there.

Generally, it is possible and advisable to have co-owners' agreements, specifying all of the possible contingencies and conditions governing ownership, as well as disposing of, the property.

You should contact a lawyer licensed in Florida to be sure that an agreement addresses issues peculiar to Florida and that the agreement will be recognized and enforceable there.

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Answered on 12/10/01, 4:29 pm
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: House buying with siblings

Our firm can assist you. We have offices in Newark, New Jersey and New York City. We have 8 attorneys and asupport staff of 8. We represent numerous builders, real estate developers,owners, contractors, architects, condominium associations, property managementcompanies as well as the United States Department of Housing and UrbanDevelopment. We also represent the United States Department of Justice inforeclosure matters in New Jersey. HUD has also named two of our firm'sattorneys Foreclosure Commissioners.

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You are also responsible for the costs andexpenses incurred in the performance of our services.� These may include court filing fees, postage, photocopies, tolltelephone calls, travel, and other expenditures made on your behalf.� Our bills are submitted monthly and thepayment is due upon your receipt.�Payments made after 30 days incur an interest charge of 12% per annum.� We welcome candid inquiry concerning ourcharges and always do our best to complete our work in a minimal amount of time.

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Answered on 12/16/01, 5:16 pm


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