BAR REPORT - July 26, 2021
State Supreme Court considers attorney review clauses; NJLAP receives award for improving work culture with humor; NJICLE program provides social media tips for lawyers
July 26, 2021 at 08:00 AM
9 minute read
New Jersey State Bar Association Headquarters, New Brunswick, NJ. Credit: Google
Capitol Report
Attorney review clauses, notices at residential home bidding auctions under consideration by NJ Supreme Court
The New Jersey Supreme Court is slated to hear arguments on whether the three-day attorney review clause and notice regarding the risks associated with not seeking an attorney review are mandated in realtor-prepared residential real estate contracts in bidding auctions. The New Jersey State Bar Association (NJSBA) argued that they are mandated, in Sullivan v. Max Spann Real Estate & Auction Co., Docket No. 085225.
"In light of the importance of the protection of the public interest, the NJSBA urges the Supreme Court to reverse the Appellate Division decision, reaffirm and acknowledge that an Attorney Review Clause and the Opinion 26 notice requirements must be included in every realtor-prepared residential real estate contract in the state, and consider adoption, after careful study, of tailored requirements for residential real estate contracts offered at a residential real estate action," wrote the NJSBA in its amicus curiae brief. The brief was penned by F. Bradford Batcha, of Batcha & Batcha, PC, and Martin Liberman, of The Law Office of Martin Liberman.
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