Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Home Sale Fraud FAQS

INTRODUCTION
Read below to learn more about this topic.  Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email.  Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case!  The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.  Before taking any action, read all applicable federal and state source law and case law and consult with an attorney.  Court addresses, hours of operation and directions may change so check with the court in advance of mailing documents to court or going there!  Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!


NEW JERSEY HOME SALE FRAUD FAQS


WHAT IS NEW JERSEY HOME SALE FRAUD?
New Jersey home sale fraud victims are people who lose money or property when they buy New Jersey homes.   For most New Jersey home buyers, the purchase of a New Jersey home is the biggest purchase that the New Jersey home buyer will make in their life!     Many of us have heard the phrase:   “let the buyer beware.”   That statement allows little relief to a New Jersey home buyer.  That statement does not reflect current law in New Jersey.  New Jersey home sale fraud victims are not left without a remedy under New Jersey law. 


DOES NEW JERSEY LAW PROVIDE HELP FOR NEW JERSEY HOME SALE FRAUD VICTIMS?
In New Jersey, we have a more ethical approach in business dealings with one another in New Jersey home sales.  Therefore, each of us may rely on representations made by another in a New Jersey business transaction. This approach is reflected in a New Jersey law, the New Jersey Consumer Fraud Act.  In 1975, the Legislature amended the New Jersey Consumer Fraud Act to include unlawful practices in the sale or advertisement of real estate.  Under the New Jersey Consumer Fraud Act, “real estate” is land and, if there is an improvement on the land, that improvement as well.  The New Jersey legislature recognized New Jersey home sale as a very important issue and decided to include New Jersey real estate broker fraud as a violation of the New Jersey Consumer Fraud Act.  The New Jersey Consumer Fraud Act attempts to eliminate deception in the marketplace.  As business expanded in New Jersey, the public was increasingly victimized by fraudulent conduct.   The New Jersey Consumer Fraud Act attempts to protect New Jersey Consumer Fraud victims from shady business practices by increasing their leverage in the marketplace.  The New Jersey Consumer Fraud Act is aimed at unlawful sales and advertising practices that deceive New Jersey Consumer Fraud victims into purchasing many kinds of goods and services, regardless of whether those practices involve affirmative misrepresentations or the failure to disclose crucial information.    The New Jersey Consumer Fraud Act emphasizes disclosure of information that helps New Jersey Consumer Fraud victims to make informed decisions when buying goods and services.   


HOW DOES THE NEW JERSEY CONSUMER FRAUD ACT HELP NEW JERSEY HOME SALE FRAUD VICTIMS?
By allowing New Jersey Consumer Fraud victims losing money or property as a result of New Jersey Consumer Fraud Act violations to recover triple their losses, the New Jersey Consumer Fraud Act seeks to discourage unfair and deceptive sales practices and to force businesses to take action to prevent consumer fraud.  


NEW JERSEY CONSUMER FRAUD TRIPLE DAMAGE AWARDS
New Jersey Consumer Fraud triple damages, also called New Jersey Consumer Fraud treble damages, are available to certain New Jersey Consumer Fraud plaintiffs.  New Jersey Consumer Fraud triple damages are an important part of the New Jersey Consumer Fraud Act.  The tripling of the New Jersey Consumer Fraud damages award is meant to punish the New Jersey Consumer Fraud defendant.  


NEW JERSEY CONSUMER FRAUD REFUNDS
In addition to allowing New Jersey Consumer Fraud victims to recover New Jersey Consumer Fraud treble damages, the New Jersey Consumer Fraud Act focuses on allowing individual consumers to recover New Jersey Consumer Fraud refunds for losses caused by New Jersey Consumer Fraud Act violations Any person violating the New Jersey Consumer Fraud Act shall be liable for a New Jersey Consumer Fraud refund of all moneys acquired by means of any practice declared in the New Jersey Consumer Fraud Act to be unlawful.   The New Jersey Consumer Fraud refund of moneys may be recovered in a private action.   


NEW JERSEY CONSUMER FRAUD ATTORNEY’S FEE AWARDS 
In a consumer fraud action, the Legislature has recognized that the right of access to the courts is meaningless unless the injured party has the resources to launch a suit.  New Jersey Consumer Fraud Attorney’s Fee Awards provide incentives to competent New Jersey attorneys to undertake high-risk cases and to represent victims of fraud who suffer relatively minor losses.  In this way, New Jersey Consumer Fraud Attorney’s Fee Awards is the Legislature's attempt to provide equal access to the courts by encouraging private enforcement of law.   The Legislature intended plaintiffs to have access to the court system to pursue relatively small claims against deceptive retailers.  In that respect, the New Jersey Consumer Fraud Attorney's Fees provision one of the deterrent aspects of the legislation, and therefore, fraudulent retailers should beware.   If the New Jersey court award damages to a New Jersey Consumer Fraud plaintiff, the New Jersey Consumer Fraud Act also requires the New Jersey court to award New Jersey Consumer Fraud attorney’s fees against the New Jersey Consumer Fraud defendant.   The New Jersey Consumer Fraud defendant could face a judgment to pay whatever reasonable New Jersey Consumer Fraud attorney’s fees that the New Jersey Consumer Fraud plaintiff incurred in the New Jersey Consumer Fraud Act case.  Only a New Jersey judge decides the proper amount of a New Jersey Consumer Fraud attorney’s fee award.  


WHO COMMITS NEW JERSEY HOME SALE FRAUD?
The following types of people or businesses may be liable for New Jersey home sale fraud:
New Jersey builder.
New Jersey developer.
New Jersey realtor.
New Jersey real estate broker.
New Jersey real estate agent.
New Jersey real estate salesperson.
New Jersey real estate marketers.


WHAT ARE SOME EXAMPLES OF NEW JERSEY HOME SALE FRAUD
The following types of misconduct may be grounds for a New Jersey home sale fraud case:
New Jersey realtor engages in affirmative misrepresentations about a New Jersey home, such as by misrepresenting the neighborhood in which it is located, its zoning or its features.
New Jersey realtor or New Jersey builder knowingly omits information about the New Jersey home, such as where the New Jersey realtor fails to tell a New Jersey buyer about a defect that they know about but not readily observable to the New Jersey buyer if the realtor intentionally concealed the information intending for the New Jersey buyer to rely on the concealment and the information is material to the sale.  
New Jersey realtor gives inaccurate information to New Jersey home buyers about a New Jersey builder’s work or fails to warn New Jersey buyers about certain facts about a New Jersey development or the development’s New Jersey developer.
A New Jersey real estate broker representing a New Jersey builder of New Jersey homes allegedly failing to disclose off-site physical conditions known to the New Jersey builder and not readily observable by the New Jersey home buyer which made the New Jersey home much desirable or valuable to an objectively reasonable New Jersey buyer.
A New Jersey real estate agent fails correct a statement that there had been no leaks or problems with the New Jersey home’s roof or ceiling, when in fact prior roof repairs were performed to the New Jersey home and the New Jersey real estate agent is aware of the prior repairs
A New Jersey real estate agent allegedly characterized a New Jersey home’s termite infestation as “minimal” while another New Jersey agent described the New Jersey home as “riddled” with termites and the first New Jersey real estate agent allegedly had knowledge of the second New Jersey real estate agent’s statement.  
A New Jersey realtor described an inexperienced New Jersey builder who had a history of poor workmanship as having built hundreds of homes and being one of the best New Jersey builders and noted for his attention to detail and craftsmanship.
The New Jersey real estate agent of a New Jersey developer was liable for the developer’s affirmative misrepresentations to New Jersey home buyers where the New Jersey real estate agent never verified the information provided by the New Jersey developer.
A New Jersey builder or New Jersey developer violates the New Jersey Offsite Disclosure Law and thereafter fails to disclose offsite conditions which affect a development where new homes are being built.
New Jersey home buyers who received oral or written representations concerning the homes’ allegedly defective windows could pursue claims against the New Jersey builder.
New home builder who built the home’s retaining wall told New Jersey home buyers that the house was well-built with good materials and following purchase, the New Jersey home buyer noticed that the home’s driveway gates were uneven and that the retaining wall was leaning. Inspection thereafter resulted in the collapse of the wall and disclosure that a seepage pit shown on the plot plan (the pit being to assist in drainage) had not been built and that the wall was built with materials different from those specified in the plan.
A New Jersey real estate broker’s alleged misrepresentation that a certificate of occupancy satisfied a city’s certificate of land use requirement or the purchase of a multi-family property in a single family zone.
New Jersey home buyer purchased a multiple unit rental property as an investment. Its MLS listing advertised the property as having separate utilities for the units and that the tenants were responsible for paying their own electricity, gas and heat.   Following the purchase, the New Jersey home buyer’s tenants complained that the utilities were not separately metered and that they experienced electrical, heat and hot water failures.

Website Builder