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SOME THOUGHTS ON INTERNATIONAL WOMEN’S DAY

Posted by calgdasilvaon March 8, 2023in Blog PostsLeave a comment

International Women’s Day (IWD) is a worldwide celebration of women’s social, economic, cultural, and political achievements. It also serves as a call to action to accelerate gender equality. The theme of IWD 2023 is #EmbraceEquity, emphasizing the importance of gender equity in all aspects of society. https://www.maersk.com/news/articles/2023/03/08/celebrating-international-womens-day

“The first National Woman’s Day was observed in the United States on February 28, 1909, which the Socialist Party of America dedicated in honor of the 1908 garment workers’ strike in New York where women protested against harsh working conditions.” UNESCO.

It took until 1975 for the United Nations to recognize and begin celebrating International Women’s Day (IWD). Since then, the UN has served as the major sponsor of the yearly event, encouraging more countries to recognize “acts of courage and resolve by ordinary women who have played an outstanding role in the history of their countries and communities.” https://www.euronews.com/culture/2023/03/08/five-facts-you-need-to-know-about-international-womens-day

IWD is recognized as an official national holiday in Armenia, Belarus, Cambodia, Cuba, Georgia, Laos, Mongolia, Montenegro, Russia, Uganda, Ukraine and Vietnam. An interesting list of countries supporting women, for sure. In certain countries like Albania, Macedonia, Serbia and Uzbekistan, Women’s Day has been combined with Mother’s Day, a merger to highlight the importance of women as mothers. Id.

HOW TO CELEBRATE THE WOMEN IN YOUR CIRCLE

The International Women’s Day organization suggests:

Celebrate women’s achievements. How? Just tell the women in your life you are proud of their achievements! Equally important – tell others.
Educate, spread awareness, and fundraise for women’s equality. Find a cause you can support – then support it with your time, voice, or money.
Call for positive change advancing women. Women in business are uniquely situated to support and advance other women in business. Do it!
Lobby for accelerated gender parity. If politics are your thing – get involved, or just write to your local and national representatives seeking support on gender related issues.

HOW DOES BERGMANN LAW HONOR IWD?

I like to think we celebrate IWD every day here at Bergmann Law. With an all-female staff, and the profound support of each other, from different backgrounds, with different talents and goals, I am grateful and proud of the growth and culture we have created as a result. Women in business are clients we are particularly grateful and satisfied to assist and if you are a woman looking to get into business, or take yours to the next level, we are here to help. In the meantime, find the women in your life, support them in all their endeavors and be the optimist they need to thrive.

The World of Restrictive Covenants

Posted by calgdasilvaon February 28, 2023February 28, 2023in Blog PostsLeave a comment

Deeds and title searches might seem like boring informational documents that lay out the block and lot number for the property and the mortgage history but here at Bergmann Law we’ve come across plenty of restrictive covenants in deeds and title commitments that either make you chuckle or immediately pick up the phone to the client. Recently chickens are a hot topic – some townships limit who can raise chickens, but we’ve also come across deed restrictions forbidding chicken coops – or restrictions limiting other animals (number of dogs allowed at a property, yes or no to pigs, horses, etc.) Just a few weeks ago I came across one restriction on a residential property banning it from being used as an OBGYN office which just made me wonder what caused that restriction in the first place.

But these more humorous restrictions are actually great examples of what every buyer should know and understand when they are buying a house: know your property use limitations. Now since it was a residential house and not a future OBGYN’s office, our Buyer wasn’t worried about that particular restriction, but for clients who already have chickens, or someone who has three dogs when their condo association only allows for two per house, these restrictions are really important to know and understand.

Another example from the recent news is a couple in Massachusetts who bought a property next to a golf course only to be shocked at how many golf balls were pelting their house. Of course this seems like a clear-cut case to complain to the golf course – until you find out there are restrictive covenants on their house giving the golf course the right to operate. Because of these covenants it will be up to the court to decide if the course operations are going above what is allowed or if the homeowners just need to accept this aspect of their property.

A jury awarded the owners damages, but the appellate court has kicked the case back for re-trial which means everyone will be paying for a second major trial on these covenants. The hardest part of the interview to read is where they admit they didn’t look into what living next to a golf course would be like before they built their dream house.

So, dear buyers, whether you love your chickens or hate the sound of golf carts please make sure you understand any use restrictions on your property and as always if you have any questions just give us a call.

[1] https://www.wsj.com/articles/golf-course-living-is-paradiseexcept-for-the-651-balls-pelting-your-house-and-yard-52da4c88

So Nick Sirianni is Taking us Back to the Superbowl, But What Has He Done for the Real Estate Industry?

Posted by calgdasilvaon January 30, 2023in Blog PostsLeave a comment

The Philadelphia Eagles head coach Nick Sirianni has much to celebrate. While the coach has been on the front page of The Philadelphia Inquirer several times this week, and now having secured a return to the Superbowl, the press will continue, but did you know that at the same time, he quietly won a significant victory in a Burlington County Court?

Earlier this month, a New Jersey Superior Court judge ruled in favor of Sirianni and his wife Brett in a court decision holding that home sellers have a duty to disclose if an outside party has a right of first refusal in a real estate sale. Incredibly, it is believed to be the first such ruling in New Jersey.

Sirianni was hired by the Eagles in January 2021. He and his wife Brett then went house hunting and found a home in Moorestown. The Sellers and Siriannis entered into a contract for $2.3 million; however, the property had a right of first refusal not initially disclosed by the seller. The clause, attached to the property by its previous owner, stated that any future agreements for the sale of the house must first be offered to his daughter for purchase under the same terms, then to his son, and if they both declined, to the family’s trust. That right of first refusal would remain with the property if the Siriannis purchased it.

The Siriannis asked the Seller to eliminate the clause, but while the seller and their legal team were able to waive the clause for the Sirianni purchase, it was not permanently removed from the property. As a result, the Siriannis refused to close on the deal and the home was sold to a different buyer for $1.95 million. The Seller then sued the Siriannis for the $350,000 difference.

After nearly two years of litigation, Judge Eric G. Fikry sided with the Eagles coach in the January 6^th decision, establishing what appears to be a new legal precedent in the state of New Jersey, with potential nationwide implications.

Specifically, the court held that a seller has a duty to disclose a right of first refusal, or a buyer can terminate the contract.

The Court also ordered the seller to return the Sirianni’s $100,000 deposit and reimburse their costs for the title search, survey and mortgage application fees. A complete legal victory, with clear precedent for the next buyer in similar circumstances.

The timing of the ruling could not be better because, according to the court docket a trial would have started around the time of last week’s game against the New York Giants. Thankfully, Sirianni was able to fully focus on the game.

This decision will have a lasting impact on the New Jersey real estate market, and we can only hope that Sirianni’s winning streak continues with another Eagles Superbowl victory.

Go Birds!