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Price, Meese, Shulman & D’Arminio, P.C. Blog

Mark W. Greene is an attorney who represents clients in connection with commercial leasing, commercial and residential real estate transactions, mortgage foreclosure, tax certificate foreclosure, Landlord-Tenant proceedings, and eminent domain matters. He also practices in the areas of commercial law and creditors' rights, including the representat...ion of banks and other major secured and unsecured creditors in bankruptcy proceedings. More

Canceling Contracts Through Email: N.J. Supreme Court Recognizes New Methods to Disapprove Residential Real Estate Contracts

In a ruling that acknowledges modern modes of communication, the New Jersey Supreme Court has found that a notice of disapproval of a standard form real estate contract may be transmitted by email, fax, personal service or overnight mail with proof of delivery. This is a change from the prior 34-year-old requirement that a notice of disapproval must be sent to the real estate agent or broker by certified mail, telegram or personal service. The Court in Michael Conley, Jr. vs. Mona Guerrero, 2017 N.J. Lexis 371 (2017), amended the settlement agreement made between the New Jersey Bar Association and New Jersey Association of Realtor Boards in the case that originally established the three-day attorney review clause for standard form real estate contracts to allow notice of disapproval by email, fax, personal service, or overnight mail. New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards (Bar Ass’n), 93 N.J. 470, modified, 94 N.J. 449 (1983). The three-day period in which one must send the notice remains unchanged.

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