Download New Jersey Full Release of Memorandum of Contract Forms

In New Jersey, a Release of Memorandum of Contract is a document executed to formally acknowledge that a prior agreement, typically a real estate contract, is no longer in effect. Here are the reasons why a seller might execute this document:

1. Termination of a Sales Contract: If a real estate transaction falls through—for example, if the buyer cannot secure financing or if a contingency is not met—the seller might execute a Release of Memorandum of Contract to legally confirm that the deal is no longer active.

2. N.J.S.A. 46:16-1 - Recording of Documents: This statute outlines the requirements for the recording of real property documents, such as deeds, mortgages, and memoranda of contracts. A Release of Memorandum of Contract is typically recorded to remove any encumbrance created by the original memorandum, clearing the title for future transactions.

3. Buyer's Release of Claims: By executing this release, the seller ensures that the buyer no longer has any claims or rights to the property under the previous contract, which allows the seller to move forward with selling the property to someone else.

4. Avoiding Legal Disputes: The release provides legal clarity, confirming that neither party has further obligations under the contract, which can help avoid potential disputes in the future.

5. N.J.S.A. 46:26A-1 et seq. - The New Jersey Recording Act: The Recording Act governs how documents related to real property must be filed and recorded with the county clerk or registrar. A Release of Memorandum of Contract must be recorded to ensure it is effective against third parties and to remove any notice of the previous contract from the public record.
The document effectively serves to "erase" any public record or legal claim that the buyer might have had under the earlier agreement.

Formatted to be executed by the Seller(s) or Seller's representative.