0 comments on “The Home Inspection Period: The Buyer’s Perspective”

The Home Inspection Period: The Buyer’s Perspective

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Photo by Ylanite Koppens on Pexels.com

You’ve just signed a contract on your dream home – congratulations! As exciting as it can be to officially go under contract, put down the champagne and pick up the phone because the first 14 days after attorney review has ended is your home inspection period and it is possibly the most important part of the real estate buying process. Here are 5 things to keep in mind:

  1. The 14-day time frame is to carry out and present your requests to the seller. This means you need to schedule any inspections with enough time to allow for the report to be completed and reviewed before sending to sellers.
  2. There are three main inspections that are carried out in almost every transaction: wood destroying insect, radon, and the general home inspection; however, some buyers choose to order additional inspections depending on their own personal concerns or the property type. As a buyer you have the right to order any inspections on the property you would like within the home inspection period but it is also your responsibility to order inspections. If you decide not to order an inspection you are waiving a number of rights and should be aware of the consequences.
  3. You are responsible for the costs of your inspections. These inspections and reports are for your use and information, so you are responsible to pay for them. You should also not expect any kind of refund from the seller if you decide, based on your inspections, not to move forward. $450.00 spent on a house you do not buy may seem like a lot but if the report provided you with information which saved you from the purchase $400,000.00 house you were no longer interested in buying, it was probably money well spent.
  4. There are limits to what you can ask for! When making your repair requests, be aware there are things you can ask for under the contract, but other changes like cosmetic changes or any upgrades are not required to be made by seller.
  5. Sellers can offer you a credit instead of making the repairs themselves. If there is a tight closing or if a seller is elderly or unable to hire a contractor, sellers will often offer a credit. It is up to you if you want to accept, but sometimes taking care of the work post-closing can give buyers more control over their soon to be home, so it may be worth considering.

One final thought when thinking about your home inspection period: speak now, or forever hold your peace! The purpose of the home inspection period is to reveal any final issues before closing. If you are uncomfortable with any results or want any further inspections you need to  If you wait and try and bring up any issues later, the contract doesn’t protect you in the same way. Reach out to us here at Bergmann Law and we can help you through the process so when you finally do toast to your new home, you can be confident with your purchase.

0 comments on “You Should Know – Trademarks are for every business!”

You Should Know – Trademarks are for every business!

Trademarks are an essential tool for any business, small or large. A trademark is any word, slogan or symbol that identifies your unique business offering, and distinguishes it from everyone else. It’s part of what makes your business special.

In order to secure your trademark as uniquely yours, you will need to register with the United States Patent & Trade Office. If granted, a registration gives you the exclusive right to use your trademark in association with your goods and services throughout the United States, and can even be used as the basis for foreign trademark filing should your business expand outside the U.S.

Why is this important? And what should you consider trademarking?

Consider trademarking your business name, any slogan, catchphrase, jingle, and logo you use for your business to prevent other businesses from capitalizing on your name. It is also an important way to build business assets if your goal is to eventually sell your business.

Even if you are registered to do business in a particular state, your business name is not protected as a trademark. Only registering with the United States Patent & Trade Office can give you that protection. And purchasing a domain name for your business’s name and website is no protection, either. Again, you must register your information with the United States Patent & Trade Office.

Still not convinced? Years from now, after you’ve invested your time and money into your business, someone else who *did* register your business name, slogan or logo may take legal action against, and force you to stop using their trademark, even if they registered the trademark years after you started using it. Not registering a trademark can cost a lot of money down the road!

The United State Patent and Trade office will not provide any legal advice to you, so it’s important to consider hiring an experienced trademark attorney to navigate the process on your behalf. An attorney can conduct a pre-application clearance search (to make sure no one else is using your proposed trademark already), file the correct applications, and advise you advise you on the best way to maintain and enforce your rights to your trademark once it is registered.

We can make the process as painless as possible. Give us a call.

0 comments on “You Should Know … Before You Record a Video or Take a Photo on Your Smartphone!”

You Should Know … Before You Record a Video or Take a Photo on Your Smartphone!

The latest smartphone to be announced, the Nokia 9 Pureview, has not one, not two, but six cameras.

That’s wonderful news for budding photographers and videographers, but there are a few things you should before you take that Instagram photo or record your next YouTube video.

New Jersey is a one-party consent state: Under the New Jersey Wiretapping and Electronic Surveillance Act, it’s illegal to record a private in-person or telephone conversation unless one party consents. Anyone who violates the Wiretapping Act is guilty of a third-degree felony and may also be liable for money damages and legal fees.

New Jersey Courts have decided, however, that some conversations may be recorded when the parties involved do not have a “reasonable expectation of privacy.” For instance, one court decided it was legal to record a conversation between two police officers out in the field without their permission, because they were talking in a place “more akin to an open, accessible place than an enclosed, indoor rom.”

The Wiretapping Act does not apply to photographs and videos. Generally, it’s legal to take a photo or video of someone if they are in a place where there is no reasonable expectation of privacy, such as on a bus, in a crowd at a concert, or in other public areas.

It’s important to note that both New Jersey and federal law make it a crime to videotape or photograph a third party who is nude or engaging in sexual activity, without their consent, in a place where he or she enjoys a reasonable expectation of privacy, such as a home, a bathroom stall, or a gym locker room.

And generally speaking, you cannot take photos or video in private spaces if the owner or occupant of a property asks you not to, or to stop.

So grab your phone and take that photo, record that video … but be sure you know and follow the rules.