I am in the process of buying a waterfront home in Brick, NJ.

Asked by Gowildcats, Brick, NJ Wed Jun 3, 2009

I have been advised by my realtor to obtain an attorney from the shore area that actively deals with property on the water. I have a family friend that is an attorney that has represented everyone in our family in all of our home purchases and I was planning on using him. Does anybody know why an attorney down the shore that is familiar with waterfront homes would be a better option? I am under the impression a good attorney is a good attorney and I feel a family friend would look out for me and truly represent me. Any advice would be greatly appreciated.

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12
., , Brick, NJ
Fri Jun 5, 2009
Gowildcats,
You right a good attorney is a good attorney, as long as they practice real estate on a regular basis. As Dinae stated below they should be familiar with DEP & CAFRA however something she forgot to mention is Tidelands Claims. More importantly it is the title company your attorney uses. You may want to suggest your family attorney use a local title company when ordering the title search and insurance. Shore title companies are used to dealing with tideland claims. Most north jersey title companies do not deal with this on a regular basis. If your purchasing a home with a dock you also must check to see if it is legal so no problems arise after you close.
Good luck with your purchase. I am sure your in good hands with your family attorney and if he gets stumped on something I am sure he can use his network to get his questions answered.
Best Regards,

Dawn Marie White Broker-Manager Sales Professional Crossroads Realty Inc
Web Reference:  http://www.njwaterfront.com
1 vote
Diane Glander, Agent, Spring Lake, NJ
Fri Jun 5, 2009
If you attorney is extremely knowledgable with DEP issues, CAFRA permits, riparian rights vs. grants, etc, you should be fine. Those are the issues that can cause deals to fall through. That's why (as agents) we recommend a good local attorney who is extremely familiar with all the issues that can pop up buying waterfront.

Also, eventhough a NJ attorney can practice throughout the state, local (just like real estate) is local. I've done deals with North Jersey attorneys and they just don't understand that things are done differently down here. This is a minor point, however, compared to my statement above.

Buying waterfront involves many more issues than buying any other home. Be sure your attorney can speak the waterfront language, do the research and understand the ins and outs before hiring him. No matter how much he wants to protect you, if he doesn't understand the legalities and hang ups of buying waterfront, you will be in trouble.
Web Reference:  http://www.dianeglander.com
1 vote
Art Kretzsch…, , Point Pleasant Beach, NJ
Sun Jul 12, 2009
You wouldn't go to your podiatrist, no matter how good your feet feel, for a heart bypass... the state is vigirously pressing it's case against waterfront expansion in NJ... comparing 1930's aerial photos with 1980's infrared technology to detect unauthorized filling, bulkheading etc... it was not uncommon for builders to just bulkhead a lagoon, or create one, without permits and build a development... well, the chicken has come home to roost, the state knows the violations, but it does does not press the claim until the property is sold, and viola, you have to either restore the property to the 1930's configuration, or negotiate with the state to purchase the additional, unpermitted use... it can be an expensive nightmare and it happens more often than you may imagine... waterfront is a big investment.... get a waterfront specialist as an agent and attorney... sorry for you inland realtors, but this is a case where you could be walking into a liability for yourself and your client if you are not aware of CAFRA and DEP regulations...
Web Reference:  http://www.njshore4sale.com
0 votes
Kathleen, , Cherry Hill, NJ
Sun Jul 12, 2009
Use a local attorney who routinely practices real estate in the market that you will be purchasing! I did a market analysis for potential clients that used a Hudson County attorney to buy in Burlington County. He told them they could do what they want with the land and build on it......Not in the Pinelands/Wetlands protected areas you can't......so no they cannot build on their 10 acres in the Pinelands....You wouldnt go to an eye doctor for a root canal, yet they are both Drs......See where I am going with this? Good luck and I hope that you close your deal.
0 votes
Art Kretzsch…, , Point Pleasant Beach, NJ
Wed Jul 1, 2009
Contact Edward C. Eastman, Jr., ESQ, he is the director of the NJ Land Title Association and an expert on waterfront issues in this state. His phone is 732-462-7170. You are not doing yourself a favor if your attorney is not thouroughly versed on waterfront issues...
0 votes
Gail, Home Buyer, Brick, NJ
Fri Jun 12, 2009
I live in Brick, NJ which is the shore and when I closed on my house 7 years ago I used the attorney I used for everything in my life. You needn't be worried I have never heard of anything bad in this area. Good luck and I am sure you will love it here. Incidentally my brother lives in Brick on the water and his house if currently for sale. 66 Rochester Dr. asking $750K-really a beautiful home and only 8 years old with original owner and very clean
0 votes
Stephen Chmi…, , 08724
Tue Jun 9, 2009
BAD REALTOR !!! BAD REALTOR !!! NETWORKING IS NICE BUT NOT WHEN IT`S NOT IN CLIENTS BEST INTEREST.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Fri Jun 5, 2009
Use whoever you want, however if you really want this property make sure the attorney has working knowledge regarding waterfront issues, they can become involved.

Anna
0 votes
Francesca Pa…, Agent, Manasquan, NJ
Fri Jun 5, 2009
So much more elqoently said by Diane than I can do myself You go girll!
0 votes
Primatanya, , 08816
Thu Jun 4, 2009
You don't necessarily have to get an attorney from the "shore area"...you can go anywhere. The point is that you should get a lawyer that is easy to work with, diligent, and reliable. You should go ahead and use your family's attorney - you may even get a discounted quote from that attorney because he has assisted in home purchases for your family. If you prefer to branch out and go with someone else, I can also recommend an attorney from NJ that I have used and is experienced with real estate closings (even along the shore).
0 votes
Francesca Pa…, Agent, Manasquan, NJ
Wed Jun 3, 2009
Gowildcats,

I'd ask:

(1) What percentage (or how many RE transactions) of the family friend's business is in "real estate" closings?

(2) Is he/she charging you a fee?

(3) Has he/she ever handled a waterfront property transaction?

(4) Have u discussed your realtor's recommendation with the family friend.

Just last week, I was working with a buyer who was putting an offer on a property that required a "variance" (a different animal, but requiring a specific level of expertise from an attorney). The clients had planned to use a friend to represent them . . . a lawyer who had not done many RE transactions. I had made the same recommendation as your agent. Once the clients interviewed the attorneys I recommended and discussed the representation further with their friend, they ultimately choose to use one of the attorneys I recommended (with the friend's blessing).

Love and Peace,
Francesca
Web Reference:  http://www.PatrizioRE.com
0 votes
James Schnei…, , Wall, NJ
Wed Jun 3, 2009
As a REALTOR involved in the transaction, we have a vested interest in closing. We all have had issues with attorneys from out of area raising questions that are out of left field. We all have perferred attorneys who we feel most comfortable with. But if you have a friend or relitive you feel comfortable with...bottom line its your call. Loyalty is a good thing.
0 votes
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