Frank Marciano can help you with a wide variety of legal issues and has years of experience in assisting people with many common issues such as disputes between neighbors, small claims court issues, contractor's registration and 1031 transactions (better known as "swap in property"). Some examples are:

Neighborhood Disputes

Disputes between individuals or groups are often called neighborhood disputes. Although neighborhood disputes are considered "minor disputes" they often feel like anything but minor to the individuals disputing. Some of these disputes can be resolved through the mediation process (which is the resolving of a dispute through a trained mediator provided through the Municipal Court System (the New Jersey Municipal Court Services website). However, others are more complex and cannot be solved through simple mediation. The Law Office of Frank Marciano has helped clients in such cases. Here are a few examples of this:

• Boundary Disputes (where one of our clients was sued for building over another person's property).

• Noise Disputes (where an upstairs neighbor was interfering with the peace and quiet of the downstairs neighbor).

• Physical Altercation Disputes (where two gentle middle aged gentlemen got into an altercation of a parking space and one party dislodged the door of the other person's car).

• Property Disputes (where one party was so upset that their neighbor's tree was dropping leaves and seeds, that they secretly tried to poison the tree at night. Unfortunately the owner of the tree was a Municipal Judge. The two parties eventually came to an amicable agreement).

Small Claims Court

Small Claims court is a court in which a person can sue an individual to collect a small amount of money that they believed is owed to them. Small Claims court can deal with many legal issues, including breach of contracts, damage to or loss of property, payment for work performed, and many other issues. Small claims court can only deal with claims that are less no more than $3000. It usually does not make sense to hire a lawyer to represent you with a small claims action because the layer's fee is most often more than the amount of the claim. However, I often represent people for a minimal fee of between $250 - $500, to advise them during the process of representing themselves. For more information on Small Claims Court, please visit the New Jersey Judiciary website.

Contractor Registration</p>

One of the most frustrating legal disputes is between a homeowner and a contractor, for the installation of kitchens, additions, bathrooms, and other improvements to the property. It is far better to take the extra time and effort to establish a binding contract and use a registered contractor to have work done in your home. If work is done in your home without the proper regulations, the Hoboken Building Inspector will fine you and the contractor! If you're doing any significant work to your home, it pays to hire an attorney (at a minimal fee) at the start of the home improvement, an ounce of prevention is far cheaper than, a pound of cure. In May 2004, New Jersey implemented Home Improvement Contractor Registration Regulations. These regulations are now in effect (since December 2005) for home improvement contractors who engage in the business of selling or making home improvements in New Jersey. This act prohibits municipalities from issuing any construction permits to contractors who are not registered. For more information, please view the Consumer Affairs website with additional information on these regulations.

1031 Transactions ("Swap in Property")

Many real estate investors take advantage of tax savings as they buy and sell commercial properties by the tax deferment regulations commonly known as "1031 Transfers".

A 1031 Tax Exchange Transaction allows taxpayers to exchange real or personal property for "like kind", or similar property, while deferring any recognition of capital gains. Basically, with a 1031 Transaction, there are no tax consequences if the exchange of property is of equal value. For more information on 1031 Tax Transactions, view the IRS website.

To set up a free consultation concerning the above legal services, contact us online or call us at (201) 656-1000.