Monday, January 30, 2012
The New Jersey Supreme Court has rejected a recommendation from its Disciplinary Review Board to dismiss all charges against an attorney who conducted a series of condo sales for a seller. The court imposed a reprimand.
The misconduct related to an increase in the state realty transfer fees ("RTF"). In 12 settlements, there was a "forced shifting of the RTF obligation from the seller to the buyers [that] involved [the attorney's] preparation of a written instrument containing terms that he knew were expressly prohibited by law." The court found the misconduct and imposed discipline based on its independent review of the record.
The attorney served as an officer of the seller, which was a retirement community.(Mike Frisch)