The New Jersey State Bar Association (NJSBA) once again seeks to protect consumers in residential real estate transactions by ensuring that the language mandated in all realtor-prepared residential real estate contracts is also mandated in real estate auctions. In the matter of Sullivan v. Max Spann Real Estate & Auction Co., Docket No. A-005327-18, the Appellate Division is asked to consider whether a real estate auction sales contract was required to contain a three-day attorney review clause found in residential real estate contracts. The NJSBA participated as amicus curiae in the matter, submitting a brief authored by F. Bradford Batcha, Alexander Fineberg, Martin Liberman and Lee B. Roth.

In Sullivan, the trial court ruled that such a clause was not mandated where such information was available to potential parties in advance. In its amicus brief, the NJSBA urged the Appellate Division to reverse the trial court decision, relying on its consumer protection arguments that resulted in the settlement following a Supreme Court matter that mandates the three-day attorney review clause in residential real estate contracts, in New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards, 93 N.J. 470, modified, 94 N.J. 449 (1983); In re Opinion No. 26 of the Committee on the Unauthorized Practice of Law, 139 N.J. 323 (1995).

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