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Ethics Rules for Advisory Committee Members and SGEs  Form

Ethics Rules for Advisory Committee Members and SGEs Form

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Many real estate contracts contain a mortgage-contingency clause, in which the buyer is relieved of performance under the contract if he or she can’t obtain a mortgage. In addition, whether a buyer can obtain a mortgage often depends on the loan-to-value ratio, that is, the percentage of the home’s value to the amount being borrowed. To alter this ratio, before submitting a mortgage application, buyers sometimes have the seller gross up, that is, raise the sale price while giving the buyer a credit at closing equal to the price increase. But do lawyers who represent clients in this type of transaction act unethically? The New Jersey Supreme Court considered this question in the case In re Opinion 710 of the Advisory Committee on Professional Ethics. In 2006, the New Jersey Advisory Committee on Professional Ethics, or ACPE, which we’ll call the committee, received a request to issue an advisory opinion on a hypothetical real estate transaction. In the hypothetical transaction, a

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