Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 13, 2016
The Firm
201-896-4100 info@sh-law.comReal estate contracts establish the financial obligations of each party, describe the property to be transferred, dictate the timing of the transaction and outline other key terms of the deal. Most importantly, contracts provide legal recourse should one party fail to uphold its part of the bargain. As a result, it is important to carefully draft and negotiate all real estate contracts.
Contract law largely governs real estate agreements. Under New Jersey’s Statute of Frauds, real estate contracts must be signed and in writing to be enforceable. This includes purchase and sale agreements and property leases. The law does not specify the contents of the agreement, but an enforceable contract must generally identify the parties, describe the subject property and establish the essential terms of the agreement (e.g., price). The rest is up to the parties.
As a result, parties often memorialize purchase agreements or leases using pre-printed forms that include the basic elements required to formalize an agreement. While these agreements may save time and money, they are not tailored to reflect the specific circumstances of the parties or the property. Therefore, they may not adequately protect the parties’ legal rights. While a pre-printed form is often used by brokers in connection with residential sales such forms lack the detail and sophistication generally necessary in a commercial setting. In addition, commercial sales require attention to a variety of tax, transfer and cancellation rights and options that vary substantially from the basic pre-printed forms.
Common contract provisions not found in most standard agreements include contingencies and inspections. For instance, residential buyers may want to include a contingency relieving performance if they are unable to secure financing. In commercial transactions, buyers may want to investigate the zoning of the property or potential environmental liabilities prior to closing the deal.
The terms of a real estate agreement can always be negotiated, even if you are presented with a “standard” contract form. While the best option is to consult with an experienced Monmouth County real estate attorney, buyers and sellers can take steps to protect their best interests. Below are a few tips:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!