Michael Millar

Michael Millar

  • Business Law, Construction Law, Consumer Law...
  • New Jersey, New York, Pennsylvania
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Summary

Michael Millar is a lifelong resident of New Jersey. He is a graduate of Point Pleasant Beach High School, Lafayette College and Vermont Law School. Between college and law school, he served as a combat arms officer in the United States Army, rising to the rank of Captain. While in law school, he served as associate editor of the law review and interned with the Environmental Crimes Section of the United States Department of Justice. After law school, he clerked for two trial judges in Atlantic County. Mr. Millar has been teaching business law and risk management at the University of Phoenix for the past ten years. He has been practicing law for twenty years. He is an experienced litigator who handles cases from initial interview through trial. He is admitted in NJ, NY and PA. Mr. Millar is a member of the Ocean County Bar Association, the New Jersey State Bar Association and the New York State Bar Association.

Mr. Millar is of-counsel to the law firm of McCusker, Anselmi, Rosen & Carvelli, P.C. ("MARC"), where he manages the firm’s South Jersey office located in Toms River, New Jersey. MARC also has offices in Florham Park, New Jersey and in New York City. The firm has more than twenty attorneys on staff.

The focus of Mr. Millar’s law practice is commercial litigation with an emphasis on prosecuting and defending claims made under consumer protection laws including the New Jersey Consumer Fraud Act. Mr. Millar's clients range from individuals to Fortune 500 companies including real estate brokers, title insurance companies, insurance brokers, and mortgage companies. Mr. Millar is involved in all aspects of construction, commercial and residential real estate including both transactions and litigation.

Practice Areas
  • Business Law
  • Construction Law
  • Consumer Law
  • Environmental Law
  • Insurance Defense
  • Products Liability
Additional Practice Area
  • General Civil
Jurisdictions Admitted to Practice
New Jersey
New York
Pennsylvania
Education
Vermont Law School
J.D. | Law
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Honors: Associate Editor, Law Review
Activities: Intern at United States Department of Justice, Environmental Crimes Section
Lafayette College
B.A. | Religion & Philosophy
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Activities: Varsity Football Sigma Nu Fraternity Army ROTC
Professional Associations
New York State Bar Association
Member
- Current
New Jersey State Bar # 006881993
Member
- Current
Pennsylvania State Bar
Member
- Current
Publications
Legal Answers
29 Questions Answered

Q. If I have a written offer on a home, is the seller by law allowed to accept other offers?
A: It depends. If it is an offer for less than the full asking price, you can accept other offers. If it is an offer with conditions, then you can accept other offers. However, if it is a full price offer with no conditions, then you may not. If you are under contract, you may not.
Q. I have property I wish to sell. Does New Jersey law mandate any minimum length of contract I enter with a realtor?
A: There is no law that governs the term of a listing agreement. It is negotiable.
Q. If a deal on a house falls through due to home inspection issues due those issues need to be disclosed to future buyers?
A: Your realtor is correct. A seller of residential real estate has a legal duty to disclose all known defects to potential buyers. The NJ Supreme Court has expressly ruled that caveat emptor (let the buyer beware) is not the law of this state and that there is an affirmative duty to disclose known latent conditions that would affect the value of the property or a reasonable buyer's decision to purchase. Not disclosing a defect is fraud.
Q. We found a house in nj, made offer, someone also made offer, were told now had to bid on the property- is this legal?
A: Yes, this is legal.
Q. Is it against the law in nj for a realtor to dixclose the past rejected offer on a property
A: I taker the realtor told a true fact, but you did not want this fact disclosed. As a general proposition, if you instruct your agent not to disclose prior offers, then they may not do so. However, if someone was going to "lowball" an offer and you had previously rejected such an offer, the realtor, unless directed otherwise by you, would likely tell the buyer that their offer was too low for you.
Q. If Seller refuses to provide buyer with receipts for home repairs during inspection negotiations, is he in breach?
A: It depends on what the contract states. If the Seller was required to hire registered contractors to perform the work, the Seller should be made to prove that he or she did so. However, if the repair demands simply demanded repairs without specifying who was to perform them, then likely not.
Q. In New Jersey, can a minor enter into a contract?
A: While a minor can enter into a contract, the terms of the contract cannot be enforced against the minor. After the minor attains the age of majority, the minor can "affirm" the contract. However, the minor may also choose to repudiate the contract.
Q. Whats other fraud
A: There is not enough information here to answer. Can you be more specific?
Q. How do you go about suing over bait and switch, or at the least just publicizing the company who is demonstrating this
A: There are not a lot of facts in your post to work with. However, as a general rule, bait and switch tactics are expressly prohibited by the New Jersey Consumer Fraud Act and would subject the seller to treble damages and payment of the plaintiff's attorney fees.
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Contact & Map
McCusker Anselmi Rosen & Carvelli PC
98 East Water Street
Toms River, NJ 08753
USA
Telephone: (732) 914-9114
Fax: (973) 457-0268