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

The Firm’s Business and Corporate practice assists a broad range of businesses, whether sole proprietorships, partnerships, limited liability company, or small to Fortune 100 companies our attorneys assist business owners and management in finding creative solutions to their business concerns while emphasizing cost effective representation to... ensure the continued growth of the business entity. 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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Contracts That Provide For Arbitration Also Require An Explicit “Waiver Of Right To Jury Trial”

All contracting parties, whether in the consumer or commercial context, are familiar with agreements which contain a section that provides, in substance, that “any dispute arising out of this Agreement shall be resolved by arbitration.” This provision is intended to guarantee, among other things, that the parties will not be required to bear the perceived additional time, effort and expense of adjudicating their differences in court, or, if a trial is necessary, have the dispute decided by a jury of laypeople. Does such a provision, even if written in plain English, ensure that the right to jury trial has been effectively waived?

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