Video Course Evaluation Form. Atty ID number for Pennsylvania: Name of Course You Just Watched

Transcription

1 Garden State CLE 21 Winthrp Rad Lawrenceville, New Jersey (609) fax Vide Curse Evaluatin Frm Attrney Name Atty ID number fr Pennsylvania: Name f Curse Yu Just Watched Please Circle the Apprpriate Answer Instructrs: Pr Satisfactry Gd Excellent Materials: Pr Satisfactry Gd Excellent CLE Rating: Pr Satisfactry Gd Excellent Required: When yu hear the bell sund, write dwn the secret wrd that appears n yur screen n this frm. Wrd #1 was: Wrd #2 was: Wrd #3 was: Wrd #4 was: What did yu like mst abut the seminar? What criticisms, if any, d yu have? I Certify that I watched, in its entirety, the abve-listed CLE Curse Signature Date Garden State CLE, 21 Winthrp Rd., Lawrenceville, NJ fax

2 GARDEN STATE CLE LESSON PLAN A 1.0 credit curse FREE DOWNLOAD LESSON PLAN AND EVALUATION ONCE TWICE SOLD AUCTION LAW NEW JERSEY With Rbert Del Srd, Esq. Mayr And featuring Rbert Ramsey, Senir Instructr Prgram descriptin Yu can buy and sell anything in New Jersey at the auctin. But the laws are arcane and strictly enfrced. Find ut all abut it in this 1.0 credit fun CLE class.

3 Garden State CLE 2 I. Intrductin Rbert Del Srd, Esq. Auctineer cmmunity, art, estates, appraisals, aut, persnal prperty, real estate, municipalities II. III. Histrical perspective f auctins Egyptians and Babylnians used auctin system Pilgrims used auctin t sell ff gds Cntraband was sld t neighbring peple in cmmunity t raise mney Cmmn practice arund the wrld t have auctins Germans, British Slave auctins in Philadelphia Gvernments invlved in auctins Marshall sales federal gvernment fr nn payment f taxes r drug cases; bankruptcy State cnfiscated gds must be sld by auctin cannt d private sale t allw fr pen bid Municipalities ld items, cnfiscated items must be sld at auctin s that everyne has a fair sht Sheriff s Sales bligatin t put freclsed prperty up fr auctin, mrtgage cmpany will bid at $100 ver mrtgage; Sheriff is respnsible t gather mney and get Sheriff s Deed and issue Deed t clean title t prperty supercedes all ther back prblems, nly thing utstanding may be federal taxes Sheriff s Deed is cleanest title that yu can get in NJ Shrt perid f redemptin fr prperty wner Sheriff s Sale/Freclsure Cmplaint is filed and mrtgagr (debtr) has the right t file an Answer Judgment rendered apply fr freclsure Usually freclsure attrneys d very thrugh searches and ntify everyne necessary in rder t prceed t freclsure Make applicatin fr Sheriff s sale and gives frmat that is t be used fr advertisement specific language

4 Garden State CLE 3 Auctin takes place at Sheriff s ffice there is a rm, must have 20% funds available fr payment and then balance within 7 days Mst times prperties nt wrth what mrtgage is wed Usually 18 mnths until the huse ges t freclsure fr Sheriff s sale Many expenses incurred fr freclsure which will add t the csts/expenses fr the prperty/mrtgage Bidding will start at mrtgage plus $100 n ne will bid, and then mrtgage cmpany wns the prperty and then negtiate with mrtgage cmpany; mrtgage cmpany becmes wner real estate in pssessin held as a liability nt an asset by the bank Shrt sale wner is still in pssessin f the prperty and mrtgage cmpany will take a hit at a lwer rate t wipe it ff the bks Title passes thrugh mrtgage cmpany s all liens are cleaned clean deed make yur wn deal with mrtgage cmpany If ld wners remain, yu cannt evict them must make an applicatin t Chancery Curt fr uster Dn t knw what is inside a huse up fr Sheriff s sale be sure t d yur hmewrk IV. Mtels being cnverted t cndminiums Wanted t auctin multiple mtel rms tgether t make ne htel/cndminium apartment/rm Prperties were being auctined as mechanism t get peple t cme in better price fr a prperty Auctins frce peple t make decisins the spt keep yur attentin and make yu aware f the fact that if yu dn t bid then yu can miss ut V. Auctins general infrmatin Knwledge f smething that is defective, r nt as advertised, then auctin huse can have prblem with that misrepresentatin cnsumer fraud Auctin huse can limit liability by saying that it is as is Opprtunity fr peple t inspect the gds s n misunderstanding

5 Garden State CLE 4 NJ is very lax n auctin laws, nt PA Can set minimum bid and dn t have t sell if dn t reach minimum bid waste f time until smene bids minimum bid If smething has a title (i.e. autmbile), then the title must be present at the auctin and then will be transferred ver Hw d yu knw that there is n lienhlder?? DMV issue yu can place a lien against a vehicle that des nt appear n the title The lien will nt survive the auctin unless there is a claim made ahead f time r if yu did nt pay fair cnsideratin If fair cnsideratin is paid, then lien is suppressed because it is nt f recrd this is the prblem with mtr vehicles because DMV is respecting these liens cannt be sure that yu are getting a clean title Purchaser are entitled t wn the vehicle withut a lien Right f secnd and third mrtgagees is t buy ut thers, but if dn t then can lse the prperty rights Auctiner fr real estate will have an agreement and that agreement gets cmpleted when the prperty has sld; then perid t get clear title VI. VII. NADE Natinal Aut Dealers Exchange Dealer will bring his cars up fr sale, a leasing cmpany as well Once car is sld dealer nly nt public auctin Dealer needs line f credit with NAED t prve slvent and cars run thrugh lane and gets sld under a series f lights t indicate the cnditin f the vehicle Open auctin usually takes 1 minute t sell a car with seasned buyers Strategies used by buyers?? Psychlgy in bidding prcess Representative selling the car des nt need t sell the car either Hammer cming dwn The UCC recgnizes the finality f the sale Means f finality f the sale Chapter 9 sale secured transactin Auctin is acceptable means f sale

6 Garden State CLE 5 After hammer ges dwn, it is cnsidered a finality abslute auctin buyer pays mney and he wns it reserved auctin if hasn t reached reserve, then seller can remve item frm auctin; nce reserve is met then ut f reserve and then it turns int an abslute auctin sld with an if I have a price and if the seller wants t sell it they have the right t sell it VIII. IX. Sales Tax If the auctin is utside the auctin huse, i.e. smene s huse, it is nt a taxable event ccasinal sale Sales tax license fr auctin huse Mtr vehicle auctineer des nt cllect sales tax, pays directly t DMV Prblems at auctin Auctineer can be held respnsible t cnsummate sale because pre-qualify the bidder in rder t participate large sale may require t put up a depsit Pre qualify the bidders r fr dealers nly If persn changes mind and des nt want t buy it then may have t sue persn t get mney Auctineer has liability fr bad checks cnsignr wants his mney, s auctineer is respnsible Peple being injured at sales Liability fr fd at auctins fd vendrs must have prper certificatins Auctineers nt recgnizing a bid can repen the bidding between the tw bidders (usually nt when paddle biddings) if determine that bth were bidding; annunce befre sale cnditin f sale X. Gun auctins Can have firearms auctin in NJ T auctin ff guns an auctineer must be a Federal Firearms Licensed Dealer r auctin must be spnsred by the FFL Firearm cannt be transferred the night f the auctin must be transferred at FFL s stre after check is dne

7 Garden State CLE 6 NJ allws an estate sale auctineer can sell firearm withut being FFL dealer but must utilize an FFL dealer fr final transfer Must have crrect dcumentatin in rder t be able t purchase XI. XII. XIII. XIV. Hw d yu becme an auctineer NJ des nt require a license t be an auctineer PA and ther states d require a license NJ requires that yu be bnded and lcal rdinances may effect auctineers Auctin prcess Auctineers wrk n cmmissin and therefre keep the auctin mving Auctineer is agent f the seller Buyer premiums when an auctineer gets cmmissin frm seller, and then smething frm the buyer after the sale Auctineer wants t keep the auctin mving t keep the temp up snze yu lse Recrd keeping NJ requires a lg f the auctins must ntify Chief f Plice f cmmunity where auctin is; and lg must be maintained by auctineer fr 7 years Sme municipalities require a permit Cannt auctin stuff birds, animal taxidermy Cannt auctin an American flag, liqur if pen bttle nly and must be t persns with liqur license Wine can be sld nly in sealed bttles If an item that requires a bill f sale, then that is prvided by auctineer Mney issues Strictly by check funds clear and then seller gets mney frm auctineer Auctineer is liable fr bunced checks Autmbiles Persn receives title If car des nt have insurance, then cannt drive it Can cme back later t pick up with prper paperwrk

8 Garden State CLE 7 XV. XVI. Wh has the mst t gain/lse Buyer/seller are mstly prtected Biggest risk is auctineer Advice t auctineers Have funds available t set up an auctin Be careful f peple yu are hiring (clerk hears amunt f bid and wh purchased imprtant fr recrd keeping) Have insurance Have ability t have 1 day insurance Have sales tax identificatin Have a clean recrd Be aware that there are items yu cannt sell Have ability t have lcatin where they can cnduct business XVII. Hw t market auctins Wrd f muth Newspapers Signs Internet XVIII. What sells at an auctin mst ppular Cars Tls/machinery Jewelry Art Auctineer pens bids at what item is wrth Auctineer must be knwledgeable abut the items in rder t knw item s value