Weiner & Weiner, P.C.

Real Estate Transactions

Whether purchasing a home, vacant land, or a commercial property, having representation by a Firm experienced with the great breadth of real estate matters is essential. Buying or selling a home can often be one of the most significant transactions in a lifetime. Our experience will guide you through the process. We provide full representation commencing with the initial preparation or review of the contract. From there, we will coordinate all the moving parts to make the process as seamless as we can – working with your realtor, your mortgage lender (when purchasing), the title insurer and settlement agent. We will guide you through the process of addressing and negotiating home inspection issues on your behalf. Then we will attend your closing, preparing the necessary conveyance documents if you are a seller, and assuring that any questions you might have concerning your loan documents are resolved if you are a purchaser.

The process for purchasing or selling vacant land and/or commercial property, although having many similar aspects to a residential transaction, has many unique characteristics as well. Often commencing with a Letter of Intent prior to formalizing a contract, and including different types of financing, the possible need to address and investigate environmental issues, tax implications, as well as zoning and/or other possible concerns under various legal requirements, transactions concerning vacant land and/or commercial property necessitate the need for experienced representation.

Zoning, Planning and Land Use & Development

Often times, a real estate transaction may require that the property can be used in a specific manner that a purchaser desires. If the local zoning ordinance does not permit such use, then a variance will be required. Likewise, if a purchaser desires to improve the property or add additional structures, variances affecting size, height, set-backs from the property lines and other bulk issues may also require a variance. Our experience can guide you through the process of obtaining these variances from the municipality’s Zoning Board of Adjustment.

When developing vacant land, whether it be a single lot to build a home or a larger parcel of land to build a commercial building or to subdivide for more intense development, applying to and appearing before the municipality’s Planning Board may also be needed to obtain approval for a subdivision or site plan as well as certain variances. Similarly, when changing the manner in how a commercial property is to be used, whether it be for accommodating a new tenant’s business or adding something new to the existing property such as a billboard, an additional structure, or a new parking area, approvals may also be needed for multiple governmental entities.

These are all complex matters where experienced representation is essential.

Property Tax Appeals

After purchasing a property, many owners are unaware that they may be able to obtain future relief concerning their property taxes. However, the potential for relief is often available, but it may require the prosecution of a property tax appeal and dealing with the unique processes of County Tax Boards and possibly State Tax Court. These can be complicated matters where having experienced representation can often impact the difference between success and failure. Our Firm is experienced in handling all of these matters and is ready to guide you through them.

Personal Injury

At Weiner & Weiner, P.C., we provide representation for clients who sustain various types of injuries and losses. Our vast experience in these matters can serve to help you receive monetary damages and/or compensation you may be entitled to. However, each matter is unique and often complex. Therefore, experienced representation is essential. These are just some of the types of matters for which we can provide you the strong representation you will need: Automobile Accidents, Slip & Fall Accidents, Pedestrian Accidents, Workplace Accidents/Worker’s Compensation, Defective Product Accidents, Wrongful Death Matters, Motorcycle Accidents, Bicycle Accidents, Truck Accidents, Bus Accidents, Boating Accidents

Business Formation and Commercial Transactions

Forming, purchasing or selling a business is a complicated process often involving many moving parts. At Weiner & Weiner, P.C., we have vast experience in handling these matters and are ready to use that experience for your benefit.

When starting a business there are many decisions that need to be addressed right away, such as what type of structure will be best for you: a corporation, a limited liability company, a partnership, or a sole proprietorship. There are different reasons to choose one business structure over the other, including, but not limited to, tax implications and liability issues. We can advise you on the different alternatives before you so you can make the best choice.

We can also assist you with the preparation of any business contracts you will need including partnership agreements, operating agreements, shareholder agreements, buy/sell agreements, employment agreements, purchase and/or sale agreements; restrictive covenants; and non-competition agreements.

When buying or selling an existing business, our experience will also be very beneficial to you. Many factors are involved in these transactions regardless of the business size or type. We can help you navigate through decisions such as whether it should be an asset purchase/sale or a stock purchase/sale. We can help you with dealing with lease related issues that will impact the transaction. Similarly, we can help navigate the complexities that exist when franchises or licensing agreements are involved.

If the purchase or sale of the business also involves the inclusion of a building or other real property, then our experience in real estate transactions will also serve you beneficially in addressing additional factors such as possible land use variables that you may need to consider.

Unfortunately, business matters sometimes involve disputes that evolve into litigation. Our experience in commercial litigation can also serve your needs providing representation in matters such as breaches of contract; breaches of restrictive covenants and non-competition agreements; injunctions; wrongful termination; wrongful interference with business opportunities or economic advantages; and defamation.

We are prepared to use our broad experience in all areas of business related matters to serve your needs.

Motor Vehicle / Criminal Defense / Municipal Court

One of the most important privileges that we have in our everyday life is the right to drive. Having a Driver’s License is just that: a privilege and not a right. Losing that privilege often comes with severe consequences that negatively impact one’s daily life, such as the ability to work. If you are faced with motor vehicle offenses your driving privileges may be at risk.

We have expansive experience in handling all driving offense matters. Any conviction for a moving violation may impact your driving privileges as you may be accumulating Motor Vehicle Points on your permanent driving record. We can provide you strong representation. Just because you received a ticket from the police, does not mean you are guilty. Knowing all of your rights and having legal representation that can protect those rights can significantly increase your chances of receiving a positive outcome in court. Whether it be violations for speeding; other moving violations; driving while your privileges are suspended; driving without insurance; or driving while intoxicated or under the influence of a controlled dangerous substance (DWI/DUI); you still have rights. The prosecution has the burden to prove to the court that you are guilty beyond a reasonable doubt and having the right legal representation can often make a difference in the outcome. If you are found guilty, you may not just lose your privilege to drive, but you may also be subject to imprisonment, substantial fines, probation and community service. Additionally, subsequent to your conviction and after leaving the court house, you may be subject to further administrative penalties from the Motor Vehicle Commission including the assessment of severe monetary surcharges, the assessment of motor vehicle points, and an administrative suspension of your driving privileges.

With the additional experience of being a Municipal Public Defender for many years, we can provide you with the experience you need to protect your rights. Our experience is not limited to motor vehicle matters, but also includes criminal matters.

Possession of a small amount of marijuana or another controlled dangerous substance, may expose you to imprisonment, probation, substantial fines and the loss of your driving privileges for up to two years. Having experienced representation can be the difference maker. You have rights and may have legal defenses to charges such as these, or any other criminal charge you may be charged with. Whether it’s an unindicted offense pending in a Municipal Court or an indicted offense pending in the Superior Court, the potential for severe penalties including incarceration exists. When the police charge you with a crime or motor vehicle offense, the prosecutor is their attorney who will try to convict you. You should not face the prosecutor without your own experienced attorney at your side.

Employment Law

Throughout the years of our practice, we have had the opportunity to gain significant experience in the area of issues that arise in the course of employer-employee relationships. We have provided representation for both the employer and the employee. These issues are often complex and necessitate experienced legal representation in order to properly protect your rights. We are prepared to provide you superior representation in the breadth of employment related matters, including workplace harassment; discrimination; wrongful termination; restrictive covenants; breaches of employment contracts and non-competition agreements; and whistle-blower matters. Having experienced representation is crucial in dealing with these matters.

Expungement

If you have a criminal record in New Jersey, you may be able to have your record expunged. A “criminal record” can include: (a) a conviction of a criminal or disorderly person offense either by a finding at trial or by a plea of guilty as part of a negotiated plea bargain; (b) a conviction of a local municipal ordinance either by a finding at trial or by a plea of guilty as part of a negotiated plea bargain; a satisfactory completion of a Conditional Discharge or Pre-Trial Intervention; and (d) an arrest, or otherwise having been charged with a criminal or disorderly person offense that was subsequently dismissed and you were found to be not guilty of in court. By having your record expunged, you can help assure that your future will not be forever identified with an episode from your past that you thought was behind you. Contact us to discuss your eligibility.