CARMAGNOLA v. HANN


233 N.J. Super. 547 (1989)

559 A.2d 478

ANTHONY CARMAGNOLA AND THERESA CARMAGNOLA, PLAINTIFFS, AND NEW JERSEY REAL ESTATE COMMISSION, PLAINTIFF-INTERVENOR AND APPELLANT, v. RUSSELL J. HANN AND SANDRA HANN, DEFENDANTS-THIRD-PARTY PLAINTIFFS AND RESPONDENTS, v. HENRY D'ALLESANDRO, THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1989.


Attorney(s) appearing for the Case

Sarah T. Darrow, Deputy Attorney General, argued the cause for appellant New Jersey Real Estate Commission (Peter N. Perretti, Jr., Attorney General; Mary C. Jacobson, Deputy Attorney General, of counsel; Sarah T. Darrow, on the brief).

Michael A. Casale argued the cause for respondents (Michael A. Casale, on the brief).

Hogan and Palace filed a brief on behalf of amicus curiae Northwest Bergen Bd. of Realtors, Inc.

Before Judges COLEMAN and D'ANNUNZIO.


The opinion of the court was delivered by D'ANNUNZIO, J.A.D.

At issue is the validity of a regulation adopted by the New Jersey Real Estate Commission (Commission) requiring all licensee-prepared contracts subject to attorney review to contain an "Agreement to Honor" (ATH). The ATH purports to prohibit the seller of real property from showing the property or considering other offers during the three day attorney review period. The ATH also prohibits the buyer from...

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