Greenbaum Rowe Smith & Davis LLP

Barry S. Goodman

Barry S.  Goodman

Partner, Litigation Department
Chair, Real Estate Brokerage Practice Group
Member, Community Association Practice Group
Member, Construction Practice Group

Practice Focus

Concentration in real estate and real estate brokerage issues, as well as antitrust suits, corporate shareholders’ and partnership disputes and municipal law.

Representative Matters

  • Several of Mr. Goodman’s cases have resulted in published opinions that set precedents.  For example, he conducted the lengthy trial in In re:  Opinion 26 (1995), in which the N.J. Supreme Court decided that buyers and sellers of residential real estate can receive assistance from real estate and title agents during the closing process as has been the practice in South Jersey and do not have to retain a lawyer as typically has been done in North Jersey.  He also argued before the N.J. Supreme Court in RE/MAX v. Wassau (2000), where the court held that real estate salespeople are employees for purposes of workers’ compensation.  In another case, H.I.P. v. K. Hovnanian (1996), he successfully represented a developer regarding an advocacy group’s claims that a development did not comply with the Fair Housing Act.  Mr. Goodman also was lead counsel in a 12-year battle in Mortgage Bankers Association of NJ v. NJ Real Estate Commission (1995), in which the Appellate Division ultimately held that real estate licensees can receive a fee for providing mortgage-related services. In Exit A Plus Realty v. Zuniga (2007), the Appellate Division decided that real estate listing agreements are not automatically void but only voidable based upon the equities of the case if a real estate licensee violates the Real Estate Licensing Act. In that same year, he prevailed before the N.J. Supreme Court in CBTR v. Twin Rivers Homeowners’ Association (2007) where the Court held that homeowners’ associations’ policies regarding expressional activities will be upheld if they are reasonable but may be subject to constitutional scrutiny if they are unreasonable.
    To view video of Barry Goodman in this Supreme Court argument, click here.
  • In addition, in Inter-City Tire and Auto Center v. Uniroyal (1988), Mr. Goodman successfully defended a distributor in an antitrust suit who allegedly had conspired to monopolize a certain market and fix prices.  Similarly, in G&W v. Borough of East Rutherford (1995), he prevailed before the Appellate Court in an antitrust action in which his client was precluded from competing for business in a certain municipality.  Mr. Goodman also represented a trade association and certain individual defendants in State v. Arace Brothers (1989), in which the Attorney General alleged that, over the course of 25 years, the defendants had allocated public contracts among themselves in violation of the Antitrust Act.  Finally, in New Jersey v. T.L.O. (1985), the U.S. Supreme Court rendered a landmark decision circumscribing the scope of searches and seizures in public schools.

Professional Activities / Honors

  • General Counsel to the New Jersey Association of REALTORS ®.
  • General Counsel and past president of the United Way of Hunterdon County.
  • Former Chair of the Interest on Lawyers’ Trust Accounts (IOLTA) Fund of the Bar of New Jersey.
  • Vice Chairman of the Hunterdon Medical Center Board of Trustees.
  • Member of the Hunterdon Healthcare System Board of Trustees, Chair of the Strategic Planning Committee and former Chair of the Quality Committee.
  • Former member of the New Jersey Supreme Court Professional Responsibility Rules Committee.
  • Member of the New Jersey Institute of Local Government Attorneys.
  • Recipient of the 2010 Middlesex County Bar Association Lawyer Achievement Award.
  • Recipient of the 2006 Rutgers University Alumni Meritorious Service Award.
  • Approved by the State of New Jersey Department of Banking and Insurance Real Estate Commission as a New Jersey Real Estate Continuing Education Instructor.
  • Selected for inclusion in The Best Lawyers in America in the Appellate Practice, Litigation-Real Estate and Commercial Litigation practice areas.
  • Listed in New Jersey Super Lawyers in the Real Estate practice area, 2011-2014.
  • Listed as a Local Litigation Star - New Jersey in Benchmark Litigation 2013 and 2014 in the Antitrust and General Commercial practice areas.
  • Listed in Strathmore's Who's Who, 2012.
  • Listed in Who's Who in America since 2001.
  • Listed in Who's Who in American Law since 2000.
  • Martindale-Hubbell Peer Review Rated AV® Preeminent.
  • Member of the Real Property, Civil Trial and Antitrust Sections of the New Jersey State Bar Association.
  • Member of the Federal Bar Association of the State of New Jersey.
  • Member of the Litigation, Antitrust, Intellectual Property and Real Property, Probate and Trust Section of the American Bar Association.
  • Member of the Hunterdon County and Middlesex County Bar Associations.
  • Former trustee of the Trial Attorneys of New Jersey.
  • Past president of the Rutgers-Newark Law School Alumni Association.
  • Upon graduating law school, he was honored by being awarded the Eli Jarmel Memorial Award for Public Interest Litigation.

Publications / Articles / Presentations

  • Speaker, “2014 Hot Topics in Residential Real Estate Law,” New Jersey Institute for Continuing Legal Education, October 16, 2014.
  • Presenter, “The Ten Hottest Issues You Have to Understand to Avoid Lawsuits,” Eastern Bergen County Board of REALTORS®, Hasbrouck Heights, NJ; North Central Jersey Association of REALTORS®, Parsippany, NJ, 2014.
  • Presenter, “New Jersey Real Estate Brokerage Litigation Update,” New Jersey Law Journal CLE Program, Kenilworth, NJ and Mt. Laurel, NJ, 2013.
  • Presenter, “Ethics in Advertising,” REALTORS® Triple Play Convention, Atlantic City, NJ, 2013.
  • Presenter, “New Jersey Real Estate Commission Regulations,” Middlesex County Association of REALTORS®, Edison, NJ, 2013.
  • Presenter, “The Ten Hottest Issues You Have To Understand to Avoid Lawsuits,” Callaway Henderson Sotheby’s International Realty, Skillman, NJ; Terrie O’Connor Realty, Ramsey, NJ; Hunterdon/Somerset Association of REALTORS®, Brokers and Managers, Branchburg, NJ; RE/MAX Brokers Council, Somerset, NJ and Ottawa, Canada; 2013.
  • Presenter, “Legal Update Seminar,” Middlesex County Association of REALTORS®, Edison, NJ, 2013.
  • Presenter, “The Latest Legal Issues You Need To Know to Stay Out of Trouble!,” Cape May County Association of REALTORS®, Cape May, NJ; Middlesex County Association of REALTORS®, Edison, NJ; 2013.
  • Presenter, “The Latest Legal Issues You Need To Know to Stay Out of Trouble!,” Tri-State REALTORS® Convention, Atlantic City, NJ; Atlantic City and County Board of REALTORS®, Atlantic City, NJ; 2012.
  • Presenter, NAIOP NJ, “Advanced Ethics for Commercial Real Estate Brokers/Salespersons,” 2012.
  • Presenter, “Navigating The Legal Minefield In A Challenging Real Estate Market,” Callaway Henderson Sotheby’s International Realty,  Skillman, NJ; Turpin Real Estate, Inc., Fall Hills, NJ; 2012.
  • Presenter, “New Jersey Real Estate Brokerage Litigation,” New Jersey Law Journal Continuing Education for Attorneys, Morristown, NJ, 2011.
  • Presenter, “New Jersey Legal Update,” Tri-State REALTORS®’ Convention, Atlantic City, NJ, 2011.
  • Presenter, “Navigating The Legal Minefield In A Challenging Real Estate Market,” Mercer County Association of REALTORS®,  Trenton, NJ; Burlington Camden County Association of REALTORS®, Mt. Laurel, NJ; Atlantic City and County Board of REALTORS®, Cape May County Association of REALTORS® and Ocean City Board of REALTORS®, Ocean City, NJ; Passaic County Board of REALTORS®, Paterson, NJ; Tenafly, NJ; Cumberland County Association of REALTORS®, Vineland, NJ; RealSource Association of REALTORS®, Park Ridge, NJ; RE/MAX of New Jersey, Somerset, NJ; 2011.
  • Presenter, “Managing The Legal Minefield of Being A Broker,” RE/MAX of New Jersey, Los Angeles, CA, 2011.
  • Presenter, “New Jersey Legal Update” Triple Play REALTOR® Convention & Trade Expo, Atlantic City, NJ, December 2010.
  • Presenter, “Avoiding Legal Problems in a Tough Market,” RE/MAX Broker’s Council, Woodbridge, NJ; South Monmouth Association of REALTORS®, Spring Lake, NJ; Mercer County Association of REALTORS®, Trenton, NJ; Cape May Association of REALTORS®, Cape May, NJ; 2010. 
  • Presenter, “Understanding the Risks of Using Social Media,” New Jersey Association of REALTORS® webinar, October 2010.
  • Presenter, “The Impact of Bulk Sales Reporting Requirements On Real Estate Transactions,” The Kislak Company, Woodbridge, NJ, October 2010. 
  • Presenter, “Are You Prepared for the New World of Rebates?”, New Jersey Association of REALTORS® webinar, May 2010. NJAR members, click here to log-in and view the webinar.
  • Presenter, “Current Commercial Real Estate Brokerage Legal Issues,” Monmouth County Board of REALTORS®, Colts Neck, NJ, 2010.
  • Presenter, “New Jersey Legal Update,” RE/MAX Brokers' Council Meeting, Iselin, NJ, 2010.
  • Presenter, “Recent Developments And Their Impact on Transactions,” ICLE Annual Real Estate Conference, New Brunswick, NJ, 2010.
  • Presenter, “Legal Issues in a Tough Market,” Hunterdon/Somerset Association of REALTORS®, Branchburg, NJ; Monmouth County Assoc. of REALTORS®, Tinton Falls, NJ; Town & Country Properties, Chatham, NJ; Ocean County Board of REALTORS®, Toms River, NJ; RealSource, Washington Twp, NJ; and Eastern Bergen County Board of REALTORS®, Tenafly, NJ; 2010. 
  • Presenter, “Short Sales and You-Perfect Together?”, Cumberland County Board of REALTORS®, Millville, NJ, 2010.
  • Presenter, “Short Sales & Foreclosures: The Legal, The Financial and The Real Estate,” New Jersey Association of REALTORS®, Somers Point, NJ; New Jersey Association of REALTORS®, Monroe, NJ; New Jersey Association of REALTORS®, Cherry Hill, NJ, 2010.
  • Presenter, “New Jersey Legal Update,” Triple Play REALTORS® Convention, Atlantic City, NJ, 2009.
  • Presenter, “Short Sales & Foreclosures: The Legal, The Financial and The Real Estate,” Ocean County Board of REALTORS®, Toms River, NJ; New Jersey Association of REALTORS® Region 3 for Mercer, Middlesex, Monmouth, South Monmouth and Ocean Boards of REALTORS®, Trenton, NJ; New Jersey Association of REALTORS®, Montclair, NJ; New Jersey Association of REALTORS®, Randolph, NJ and New Jersey Association of REALTORS®, Mount Laurel, NJ, 2009.
  • Presenter, “Legal Issues in a Tough Market,” Cape May Association of REALTORS®, Cape May, NJ; Burlington Camden County Association of REALTORS®, Mount Laurel, NJ, 2009. 
  • Presenter, “Don’t Fall Short: Are You Prepared For Short Sales?”,  Cape May Association of REALTORS®, Ocean City Board of REALTORS® and Atlantic City & County Board of REALTORS®, Ocean City, NJ; New Jersey Association of REALTORS®’ Webinar, 2009.
  • Presenter, “Managing Legal Risks in Today’s Market,” Monmouth County Association of REALTORS®, Tinton Falls, NJ; RE/MAX of New Jersey, Hersey, PA; Hunterdon/Somerset Association of REALTORS®, Bridgewater, NJ, 2009.
  • Presenter, “Short Sales and You - Perfect Together?”, RealSource Association of REALTORS®, Washington Township, NJ; New Jersey Association of REALTORS®, Edison, NJ, 2009.
  • Presenter, “Recent Developments In Brokerage and Their Impact,” ICLE Annual Real Estate Conference, New Brunswick, NJ, 2009.
  • Presenter, “Annual Legal Update,” Triple Play REALTORS® Convention, Atlantic City, NJ, 2008.
  • Presenter, “Don’t Be Afraid of Short Sales,” New Jersey Association of REALTORS®’ Webinar, 2008.
  • Presenter, “The Impact of the Twin Rivers’ Decision,” GRS&D Homeowners’ Association Presentation, Iselin, NJ, 2008.
  • Presenter, “Managing Legal Risks In Today’s Risky Market,” Hunterdon/Somerset Association of REALTORS®, Bridgewater, NJ; Sussex County Association of REALTORS®, Andover, NJ; Passaic County Board of REALTORS® and Totowa, NJ, 2008.
  • Presenter, “Important Legal Issues To Prevent Lawsuits Against Your Office,” RE/MAX Brokers Council, Atlantic City, NJ; South Monmouth Association of REALTORS®’ Brokers and Managers, Spring Lake, NJ; Ocean County Board of REALTORS®’ Brokers and Managers, Lakewood, NJ; Mercer County Association of REALTORS®’ Brokers and Managers, Lawrence Township, NJ; and RealSource Association of REALTORS®’ Brokers and Managers, Washington Township, NJ, 2008.
  • Presenter, “The Impact of Twin Rivers On Homeowners’ Associations,” League Of Women Voters, Monroe Township, NJ, November 2007.
  • Panelist, “Weathering Changes In Case Law: The Impact of Twin Rivers,” Community Association Institute of New Jersey Annual Conference and Expo, Edison, NJ, October 2007.
  • Presenter, “Important Legal Issues To Protect Your Rights and Reduce Your Liability,” Burlington Camden County Association of REALTORS®, Voorhees, NJ; Region I of the New Jersey Association of REALTORS®, Hasbrook Heights, NJ; Hunterdon/Somerset Association of REALTORS®, Bridgewater, NJ; and RE/MAX Property Center, Paramus, NJ, 2007.
  • Presenter, “The Twin Rivers Decision And Its Impact On Life In Association-Governed Communities,” New Jersey Institute For Continuing Legal Education, Iselin, NJ, September 2007.
  • Presenter, “Private Communities: Rights And Responsibilities – The Twin Rivers Case Discussed,” Community Association Institute of New Jersey, Monroe Township, NJ, June 2007.

Bar Admissions

  • New Jersey, 1978 
  • U.S. District Court, District of New Jersey, 1978
  • U.S. Supreme Court, 1984
  • U.S. Court of Appeals, Third Circuit, 1986
Metro Corporate Campus One
P.O. Box 5600
Woodbridge, New Jersey 07095-0988
Direct Dial: 732-476-2560
Direct Fax: 732-476-2561
bgoodman@greenbaumlaw.com
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Department

Litigation

Practice Groups

Community Association
Construction
Real Estate Brokerage

Education

Rutgers University School of Law, Newark, J.D., 1977
Rutgers College, B.A., cum laude, 1973

Bar Admissions

NJ


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