Petriello Law

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Petriello Law Closing Real Estate Transactions Since 1990
Realtor CE Class Provider & Instructor
Real Estate Lawyer
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11/12/2026

The owner passed away. Who signs the listing?

Not the oldest child. Not the person named in the will. Not yet. Until the county surrogate appoints an executor or administrator, nobody has legal authority to sell that property. Once appointed, that person receives Letters Testamentary or Letters of Administration. That is what you ask for.

Authority to sign is only step one. An estate sale in New Jersey may also require an inheritance tax waiver from the State before the property can be transferred and obtaining the tax clearance can take time.

Start the estate work before the sign goes on the lawn. A listing signed by someone without the proper authority isn't a valid listing.

If a family calls you about a parent's home, send them this or have them call us at 973-890-7262.

11/09/2026

The mansion tax is now the seller's bill.

As of July 10, 2025, the 1% fee is paid by the buyer on New Jersey sales over $1 million moved to the seller, and it is no longer a flat fee. It is 1% from $1 million to $2 million, rising in steps up to 3.5% on sales over $3.5 million

The part sellers miss: it applies to the entire price, not just the amount over $1 million. A sale just over $1 million costs the seller more than $10,000. A sale at exactly $1 million costs zero dollars for the Grduated Percent Fee.

This is an important consideration during the listing appointment and when comparing offers that may differ by only a few thousands dollars.

Send this to any seller near the line. Questions? Call us at 973-890-7262.

11/06/2026

A disapproval letter is not a cancellation.

Your client panics because the other attorney "disapproved" the contract. In New Jersey, that is just how attorney review starts. Attorneys do not have a line item veto. To change anything, they have to reject the entire contract and propose revisions. The deal is not dead. The negotiation over final terms has begun.

The catch: until both attorneys agree on final terms, nobody is bound. Either side can walk away for any reason or no reason, and a competing offer can still come in. Fast answers mean a short attorney review.

Save this for the next time a client calls in a panic. Questions? Call us at 973-890-7262.

11/03/2026

Attorney review starts on delivery, not signature.

The three business days begin when the fully signed contract is delivered to both buyer and seller. Saturdays, Sundays and legal holidays do not count. Signed Friday, delivered Monday? Day one is Monday and day three is Wednesday, even though it has almost been a week since the last signature.

Why it matters: if no attorney disapproves within those three days, the contract is binding exactly as written.

One habit worth building. The moment you have a fully executed contract, send it to the buyers, sellers, and both attorneys, and note the time you sent it.

Save this. Questions? Call us at 973-890-7262.

10/20/2026

Think you're locked in once you sign a real estate contract? Not during the Attorney Review Period. This unique window lets you cancel or amend the agreement — without penalty. 🚫

Have questions about your transaction? Ask us in the comments.

10/15/2026

New Jersey has some of the strictest eviction laws in the country. Informal communication isn't enough for landlords to protect their rights. Specific notices and documents are required. If you're having issues with a tenant and need to take the proper steps, Petriello Law is here to help.

10/12/2026

Selling before buying gives you certainty and makes your offer more competitive. Buying and selling at the same time keeps everything moving, but it increases the stress if either deal hits a delay.

If you are planning a move in New Jersey, Petriello Law can guide you through the pros and cons.

10/08/2026

Interest Rates Matter! Here's Why.
Even a 1% change in mortgage interest rates can mean thousands of dollars in extra costs—or savings.
Thinking of buying? Let's strategize together. Call us today!

09/17/2026

Before You Sign: Watch for Contract Language That Could Limit Your Options

* “As Is” or “Inspections for Informational Purposes Only” — You may be accepting the property without the right to request repairs, credits, or other concessions based on inspection findings.
* “Appraisal Waived” — If the property appraises for less than the purchase price, you may need to bring additional cash to closing or deal with financing challenges.
* Sale or Purchase Contingencies — These provisions can add additional parties, deadlines, and requirements to the transaction, all of which must be carefully monitored and managed.

Bottom line: Know what you're agreeing to before you sign.

09/14/2026

What do you actually have to tell a buyer about an easement on your property?

In New Jersey, easements run with the land — they transfer to the buyer whether or not you are aware of them. Shared driveways, utility access, a neighbor's right of way. Disclose what you know, and let your attorney confirm what's on record.

Save this before you list.

Address

30 Galesi Drive
Wayne, NJ
07470

Opening Hours

Monday 9am - 5:30pm
Tuesday 9am - 5:30pm
Wednesday 9am - 5:30pm
Thursday 9am - 5:30pm
Friday 9am - 5:30pm

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