Legal Question in Real Estate Law in New Jersey

I am the plaintiff in Real Estate law suit pending in NJ.

This case involves breach of contract.

Background:

Buyer/Seller signed Standard NJ RE Contract, Attorney review completed.

Purchase price $855,000

Buyer (Defendant) promised to apply for a mortgage of $600,000

And put down total deposit of $255,000

Buyer was rejected by mortgage bank for amount of $684,000 not agreed amount

of $600,000. Buyer did not apply for $600,000 and was not rejected for $600,000

Buyer claims Bank determined he had insufficient assets to put down $255,000 deposit that he agreed to put down.

I have filed the claim for breach of contract.

Defendant has answered claim and has filed a counter claim for return of escrow of $11,000.

I have responded to counter claim

I have sent first set of interrogatories to defendant

Defendant has responded and sent his first set of interrogatories to me.

I have responded to Defendants first set of Interrogatories.

Question: Am I permitted to contact the Bank that Defendant was dealing with and ask them questions pertaining to what the Defendants claim the bank has said?

I would like to send them written questions.With copy to defendants.

I do not want to go through the formal oral deposition procedure since the bank is out of state.


Asked on 5/04/12, 12:31 pm

2 Answers from Attorneys
Miriam Jacobson Retired from practice of law

You are asking for free litigation representation in a matter where you have already taken many steps, which may or may not be correct, and some of which may even harm your claim.

You should consult with a lawyer, but note: many lawyers would be wary of having to figure out what the case is, what you have done so far, what options you have overlooked and lost, and, if anything can be done to continue or salvage your rights, what that may be.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/04/12, 6:57 pm
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

See R. 4:15. You may also send a subpoena to obtain documents.

Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.

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Answered on 5/04/12, 8:21 pm


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