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Welcome to Weber Law Offices

Weber Law Offices is your source for professional legal counsel through all steps of your real estate transaction. We are one of the few law firms in the tri-state area that focuses primarily on residential and commercial real estate transactions including Short Sales and Foreclosures. In fact, we have facilitated well over 10,000 closings. Many firms handle numerous areas of law. By concentrating primarily on real estate, we offer an advantage over such firms for those buying or selling property.

We are located in Monmouth County but work with clients closing all over New Jersey and New York. We are technologically well equipped to close deals remotely and do so regularly for those we represent. Regardless of where you reside or where you are moving to, we will accommodate your needs, guide you through all phases of your purchase or sale and keep your stress level as low as possible.

When choosing an attorney to handle one of the most important transactions in your lifetime, choose one that concentrates on real estate. Choose Weber Law Offices, LLC. If you have questions please feel free to contact us 24 hours/ 7 days a week.

Call Us 732-761-0813 | Email Us [email protected]

Step by Step Guide to Buying a Home

If you are planning the purchase of your first home or purchase of a new home, please see below a list of simple guidelines and links that will help provide important information relevant to your transaction. Click on a number to view that step and click again to close.

Attorney Review

In New Jersey a contract does not become binding until the mandatory three (3) day attorney review period is completed. Attorney review begins on the day after both parties (buyer and seller) receive a fully executed contract of sale. By law attorney review lasts three (3) days, not including holidays, Saturdays or Sundays. The purpose of the attorney review period is to give an opportunity for the parties to review the contract, make changes to the contract and allow a party to cancel the contract within that time period. Be advised that if a contract is legally disapproved, review may last longer then three (3) days. In addition, regardless of the terms set forth in the contract, during the attorney review period, a seller may entertain other offers on the property. For questions on this issue please contact our office.

Please note if you are entering into a contract without any realtors there may not be an attorney review provision. Please contact an attorney prior to signing such a contract.

Closing Costs

buying-selling

Your closing will most likely take place at the buyer’s attorney’s office. An attorney will accompany you at the closing.

Important things to understand prior to closing:
Certified funds: A day or two (2) prior to closing we will contact you to provide you with your final numbers so that you can secure final funds to bring to the closing table. It is important that you provide us with an email address or fax number so we can deliver you your final settlement sheet. Once you approve the final number you must get one (1) check payable to Weber Law Office, LLC attorney trust account (unless otherwise advised). This check must be certified or a bank check. Bring the check with you to the closing. If your check is not certified or a bank check you cannot close. There are no exceptions to this policy.

Walk through: Contact your realtor (or seller if there is no realtor) to schedule your final walk through. The purpose of this walk through is for the buyer to make sure all appliances are in working order, the water runs properly, the heat/air works, that the property is in the same condition as it was during the home inspections. Unless an item is hidden or considered a latent defect, the odds of recovering against a seller for a problem discovered after closing is minimal. Although expensive it may not be a bad idea to bring your home inspector to your final walk through to make sure there are no new problems, or issues not identified during the home inspections.

Closing: Make sure that you arrive a half hour prior to the time the sellers will attend the closing. This will give you time to go through your mortgage documents and get that portion of your closing complete. It will also provide you with an opportunity to correct any errors that may have been made relating to your mortgage or final numbers.

Closing Dates

In New Jersey, unless the contract specifically states that the closing date is “time of the essence,” the date set for closing is an approximate date.

Most of the time the parties are able to close on the date in the contract, however you should not make plans to move or schedule moving trucks until you confirm the date with your attorney.

Home Inspections

Inspections must be scheduled within 10 to 14 days after the attorney review.

When you schedule your inspection make sure your inspection company will perform a pest/ termite inspection. You will most likely need a clear termite certificate for your lender prior to closing. It is also recommended that you have a radon test done during the inspection.

If your home inspection company finds evidence of an underground oil tank, active or abandoned, we recommend that you contact an environmental company to perform further tests. These tests will help to determine or to uncover possible leaking or contamination. If the house you are purchasing is serviced by oil heat, request from your realtor or the seller the name of the insurance carrier insuring the oil tank if it is located underground.

Remember the purpose of the home inspection is to uncover major or structural issues that affect the habitability of the home for you and your family. It is not a tool to renegotiate the price of the home. Cosmetic issues are usually not subject to repair requests. Contact us to discuss the legal issues revolving around the home inspection contingency clause in your contract.

Mortgage/Financing

Prior to going under contract, we would recommend that you research your mortgage options to determine the best programs and rates available for your individual purchase.

There are numerous issues that may come up with regard to your mortgage financing. You may hear people talking about sellers’ concessions (financing your closing costs), interest only arm programs, pay option arm programs, etc. These issues may get confusing, please contact us to help you navigate through these options.

It is very important that you get pre-approved prior to searching for a home or prior to signing your contract. If you have a home to sell and you must sell your home in order to purchase your new home, it is imperative that you make that representation in your contract or have it added during attorney review. You want to avoid any situation where you may lose your deposit money because the correct language was not added to your contract. This is why it is very important that you retain an attorney to represent your interests in your home purchase.

Title Insurance

Title insurance is protection. Without a title insurance policy, you may not be fully protected against errors in public records.

Why the Buyer Needs Title Insurance
Hidden defects not disclosed by the public records, or mistakes in examination of the title of your new property. As a result, you may be held fully accountable for any prior liens, judgments or claims brought against your new property. However, your policy insures that if such an occasion arises, you will be defended free of charge against all covered claims and paid up to the amount of the policy to settle valid claims. With a title insurance policy you need never worry that your new property’s history will tarnish your bright future.

Homeowner’s Insurance

If you are purchasing a single or multi-family dwelling your mortgage company will require that you purchase home owner’s insurance usually one (1) year paid up front. We suggest that you obtain quotes right away. This will prevent against delays if your property is serviced by oil heat or if there are other issues that may make it difficult to obtain a policy. We also suggest that you investigate home owners insurance prior to even purchasing a home or entering into a contract.

If you are buying a condo/townhome or co-op you will most likely not need home owner’s insurance however you may want to consider purchasing insurance for your personal contents.

Also, if the property you are purchasing is located in a flood zone (please speak with your realtor prior to entering into a contract to find out whether or not the property is located in a flood zone), you will most likely be required to purchase flood insurance as well as home owner’s insurance. This can be costly and you should shop around.

The Closing

buying-closing

Your closing will most likely take place at the buyer’s attorney’s office. An attorney will accompany you at the closing.

Important things to understand prior to closing:
Certified funds: A day or two (2) prior to closing we will contact you to provide you with your final numbers so that you can secure final funds to bring to the closing table. It is important that you provide us with an email address or fax number so we can deliver you your final settlement sheet. Once you approve the final number you must get one (1) check payable to Weber Law Office, LLC attorney trust account (unless otherwise advised). This check must be certified or a bank check. Bring the check with you to the closing. If your check is not certified or a bank check you cannot close. There are no exceptions to this policy.

Walk through: Contact your realtor (or seller if there is no realtor) to schedule your final walk through. The purpose of this walk through is for the buyer to make sure all appliances are in working order, the water runs properly, the heat/air works, that the property is in the same condition as it was during the home inspections. Unless an item is hidden or considered a latent defect, the odds of recovering against a seller for a problem discovered after closing is minimal. Although expensive it may not be a bad idea to bring your home inspector to your final walk through to make sure there are no new problems, or issues not identified during the home inspections.

Closing: Make sure that you arrive a half hour prior to the time the sellers will attend the closing. This will give you time to go through your mortgage documents and get that portion of your closing complete. It will also provide you with an opportunity to correct any errors that may have been made relating to your mortgage or final numbers.

After the Closing

We will provide you with hard copies of your closing documents and a CD (PDF Format) with all your signed documents.

We will also store your closing documents online indefinitely. We will record your mortgage and deed with the county clerks office. When we receive the originals we will forward them to you immediately. We will also provide you with an original title insurance owners policy. It is important that you keep this policy safe. You may need this policy when you go to sell your home.

It is very important that if you have concerns you call us. We have a fully trained and experienced staff to handle all your questions and needs. Your attorney’s cell number is provided to you for those times you need to speak to someone immediately.

We will work with your real estate company of choice

Step by Step Guide to Selling your Home

If you are planning the sale of your home please see below a list of simple guildelines and links that will help you and provide important information relevant to your transaction. Click on a number to view that step and click again to close.

Attorney Review

In New Jersey a contract does not become binding until the mandatory 3 day attorney review period is completed.

Attorney review begins on the day after both parties (buyer and seller) receive a fully executed contract of sale. Attorney review lasts 3 days, not including holidays, Saturdays or Sundays. The purpose of the attorney review period is to give an opportunity for the parties to review the contract, make changes to the contract and allow a party to cancel the contract within that time period. Be advised that if a contract is legally disapproved, review may last longer then three (3) days. In addition, regardless of the terms set forth in the contract, during the attorney review period, a seller may entertain other offers on the property. For questions on this issue please contact our office.

Please note if you are entering into a contract without any realtors there may not be an attorney review provision. Please contact an attorney prior to signing such a contract.

Closing Costs

buying-selling

Your closing will most likely take place at the buyer’s attorney’s office. An attorney will accompany you at the closing.

Important things to understand prior to closing:
Certified funds: A day or two (2) prior to closing we will contact you to provide you with your final numbers so that you can secure final funds to bring to the closing table. It is important that you provide us with an email address or fax number so we can deliver you your final settlement sheet. Once you approve the final number you must get one (1) check payable to Weber Law Office, LLC attorney trust account (unless otherwise advised). This check must be certified or a bank check. Bring the check with you to the closing. If your check is not certified or a bank check you cannot close. There are no exceptions to this policy.

Walk through: Contact your realtor (or seller if there is no realtor) to schedule your final walk through. The purpose of this walk through is for the buyer to make sure all appliances are in working order, the water runs properly, the heat/air works, that the property is in the same condition as it was during the home inspections. Unless an item is hidden or considered a latent defect, the odds of recovering against a seller for a problem discovered after closing is minimal. Although expensive it may not be a bad idea to bring your home inspector to your final walk through to make sure there are no new problems, or issues not identified during the home inspections.

Closing: Make sure that you arrive a half hour prior to the time the sellers will attend the closing. This will give you time to go through your mortgage documents and get that portion of your closing complete. It will also provide you with an opportunity to correct any errors that may have been made relating to your mortgage or final numbers.

Certificate of Occupancy

Smoke Detectors & Carbon Monoxide Detectors
In nearly every sale of real estate in New Jersey a seller will be required to obtain what is called certificate of occupancy (CO).

This is a certificate issued by your township or municipality certifying to potential buyers that your home is safe for habitability. There are some townships and municipalities that do not require this, however, be sure to contact your local municipal office for that information. You can also contact us directly. We have a list of every township in New Jersey and whether they do or do not require a certificate of occupancy. The certificate you obtained or that was provided to you at the closing when you bought the property is not satisfactory. You should wait until you are under contract before scheduling your inspection with the town.

You will be required to obtain a smoke detector/carbon monoxide detector certificate. Every township requires this. You will have to contact your local municipal office (contact us for your municipal office’s phone number) to schedule this inspection. Most townships will issue both the certificate of occupancy and the smoke certificate at the same time. Some townships do require separate inspections.

Back Title

You really should begin going through your records immediately and locate copies of your DEED, your TITLE INSURANCE POLICY (OWNER’S POLICY) and a copy of your survey. These documents may become necessary if we encounter title issues while under contract.

Sellers Information Sheet

You will be required to fill out a sellers’ information sheet once you go under contract. We will need information regarding your mortgage payoffs, marital history, and potential liens on the property that are required to be paid off prior to closing including, but not limited to, mortgage payoff information.

Closing of Title

The finalization of the sale/purchase is known as “Closing of Title”.

Closing of title will most likely take place at the buyer’s attorney’s office. Be advised that it not necessary that you attend the closing.

If it makes it easier and more accommodating to you and your family, you have the option of signing your closing documents ahead of time or assign the task to another person by executing a power of attorney. We can have your proceeds available through wire transfer or attorney trust account check. If you choose not to attend the closing you must (prior to closing) provide us with contact information so that we can contact you during the closing to verify the final numbers to ensure accuracy.

Refinancing Your Home

If you are in the market to refinance your home, we would first recommend you contact one of our preferred mortgage lenders to secure the best program for you and your family. If you would like a referral please call us or email us.

Once you choose a lender, the lender will forward to our firm a copy of your mortgage application via fax. Most lenders will attempt to have their title companies close your loan. For your total protection, therefore, we recommend you assign this task to your attorney. Remember, title companies cannot represent your interests or practice law. There is no increase in cost to you to secure title insurance or to represent you should a legal issue arise from title issues. Why would you choose a title company over a real estate attorney? The answer is that if given the option most people would not hesitate to have an attorney represent their interests at no extra cost.

Make sure you tell your mortgage company that you want your attorney to order your title. That is your right along with the right to have your attorney close your loan.

If you are given problems, just call us and we will speak to your mortgage company.

Contact Us Today

Short Sales

If your property is in distress, or your financial situation dictates the sale of your property or properties you have probably heard the term “short sale”. This firm can provide you with information on how to sell your property via short sale. We handle the process from start to finish, with the exception of handling any tax issues that may come up subsequent to the sale.

No doubt you will be contacted by so called “short sales specialists” and many other people looking to cash in on your distressed property. However before you make any decisions or sign any agreements, you really should consult with a lawyer on the options you have. In some instances a short sale may not be the best alternative for you.

Be advised that in addition to the many legal issues that may arise during your short sale, there may also be tax implications that effect your decision to complete a short sale. It is very important to consult with a tax professional to educate and advise you on any tax consequences that may exist upon the short sale, foreclosure or deed in lieu of foreclosure of your property. This firm does not provide tax advice on this issue or any other issues. If a non-accountant is giving you tax advice on the short sale property you should confirm the information you are given with a licensed tax accountant in your area.

Whether you are selling or buying a short sale property contact us to discuss your options. Initial consultations are free. Call us at 732-761-0813 or click the button below.

Contact Us for a Consultation

NJ Transfer Tax Calculator

What is the RTF?

The Realty Transfer Fee (RTF) was established in New Jersey in 1968 to offset the costs of tracking real estate transactions. Sellers pay the fee, which is based on their property’s sales price, upon the transfer of the deed to the buyers. Payment of the Fee is a prerequisite for recording the deed. It should be noted that in addition to the transfer fee paid by the sellers, a 1% fee must be paid by the buyer on all transactions over $1,000,000 in all commercial and residential property classes. This means that the seller must pay 1% of the sales price upon recording the deed.

The RTF does not apply to sales for less than $100, or those transactions made between husbands and wives or parents and children. Senior citizens, blind or disabled persons and low- and moderate- income housing continue to be exempt from the state portion of the basic fee. An Affidavit of Consideration is to be filed with any deed in which a full or partial exemption is claimed from the RTF. Specifically, an Affidavit of Consideration must be filed with all deeds transferring “new construction” properties in addition to the existing claims for a partial exemption.

Call Us 732-761-0813 | Email Us [email protected]

Client Success Stories

I entered into a short sale situation out of necessity and was recommended to Mr. Weber by the real estate agent I signed with. From the beginning Mr. Weber was helpful and understanding with me. Since I had no idea what to do or how to do it I put my trust into Mr. Weber, and his guidance was always appreciated. My situation involved a deceased parent and a parent suffering with dementia so any help I received was appreciated. Mr. Weber never failed to respond to my inquiries or issues (perceived and real), and always did so quickly and in a manner that was reassuring. Even when the process seemed to drag on Mr. Weber was always there to answer my questions and keep me informed as to what was happening. Mr. Weber’s knowledge of the process was key in my family benefitting from a program that enabled us to recover some funds so that the home was not a complete loss. After this process I can honestly say I would trust Mr. Weber with any real estate legal matter I might face in the future. He is not only knowledgeable but is also easy to talk to and truly cares about his clients. Mr. Weber made what should have been a difficult situation into a manageable and uncomplicated process. I would vouch for and recommend Mr. Weber to anyone facing a short sale.
Short Sale Client

News and Legal Articles

8Apr, 2012

26 Billion Dollar Settlement with Banks

April 8th, 2012|0 Comments

Don't get too excited, if you have a Fannie Mae or Freddie Mac loan guess what DOESN'T APPLY to you or your clients. Anyway, it's interesting to see if this will actually be utilized and [...]

20Feb, 2012

Announcement

February 20th, 2012|0 Comments

Weber Law Offices of Howell, NJ is proud to announce the hire of Heather Fabiyan, Esq. as a member of the firm. Heather is a new associate and will be working in our real estate [...]