Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey New Jersey Home Inspection Scams 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.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 INSPECTION SCAMS FAQS


WHAT IS A NEW JERSEY HOME INSPECTION SCAM?
A New Jersey home inspection scam occurs when a New Jersey home inspector conceals damage to a New Jersey home during the New Jersey home inspection or fails to disclose New Jersey home defects or commits other types of fraudulent conduct before, during or after a New Jersey home inspection.
Beware of these New Jersey home inspector rip offs!   The New Jersey home inspector is usually hired by a New Jersey home buyer before the New Jersey home buyer actually completes the purchase of the New Jersey home.   The New Jersey home inspection contract usually requires the inspector to visit the property to be purchased and to inspect it for defects.   The New Jersey home inspector visits the New Jersey home that is being sold to a New Jersey buyer and usually takes notes during the New Jersey home inspection.  After completing the New Jersey home inspection, the New Jersey home inspector writes a New Jersey home inspection report.   If the New Jersey home inspector found a problem, issue or item that needs repair at the New Jersey home or that could be unsafe, the New Jersey home inspector usually describes each such problem, issue or item in the will include a description of the problem in New Jersey home inspection report.   Every New Jersey home inspector scam essentially consists of the inspector obtaining an unfair advantage by some act or omission that is unconscientious or a violation of good faith.  There are different types of New Jersey home inspector scams.  New Jersey home inspectors are not always honest about what they find, sometimes because they are working more for the benefit of the New Jersey realtor who referred them to the New Jersey home buyer rather than for the New Jersey home buyer who actually hired them.  In other situations, the terms of a New Jersey home inspection contract violates New Jersey law.  


IF I AM A VICTIM OF NEW JERSEY HOME INSPECTOR SCAMS, ARE THERE ANY LAWS TO PROVIDE ME HELP?
If you are a victim of New Jersey home inspector rip offs, New Jersey has strong laws and regulations that provide help to people like you.   New Jersey home inspector rip off victims do not have to accept their losses.  In New Jersey, we have a more ethical approach in business dealings with one another in New Jersey home inspection contracts.   Therefore, each of us may rely on representations made by New Jersey home inspectors in a New Jersey home inspection contract. 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 inspector scams as a very important issue and decided to include New Jersey home inspector scams 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 entering into New Jersey home inspection contracts.   


HOW DOES THE NEW JERSEY CONSUMER FRAUD ACT HELP NEW JERSEY HOME INSPECTOR SCAMS 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 New Jersey home inspectors to take action to prevent consumer fraud.  If a New Jersey homeowner is a victim of New Jersey home inspector rip offs which also constitute New Jersey Consumer Fraud Act violations, the New Jersey homeowner may be entitled to the following types of relief:
Cancellation of fraudulent debts.
Treble damages for ascertainable loss of money or property caused by the New Jersey Consumer Fraud Act Violation.
Attorney’s fee award for prosecuting the New Jersey Consumer Fraud Act Violation or defending against lawsuits by contractors to collect a fraudulent debt.
Refund of money lost due to the New Jersey home inspector contractor’s New Jersey Consumer Fraud Act Violation.


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 home inspector rip off victims.  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.  


HOW DO I RECOVER DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT FOR NEW JERSEY HOME INSPECTOR SCAMS?
A New Jersey homeowner or customer who is able to prove that a New Jersey home inspector, New Jersey home inspector contractor or the seller of New Jersey home inspector services committed a violation of the New Jersey Consumer Fraud Act which directly cause of the victim to suffer an ascertainable loss of money or property is entitled to receive an award of triple damages, attorney’s fees and litigation costs.  In certain situations, a New Jersey home inspector rip off victim may also be entitled to a refund or to cancel a New Jersey fraudulent debt.  However, under the New Jersey Consumer Fraud Act, a New Jersey fraud victim is not entitled to recover pain and suffering damages.  


WHAT HAPPENS IF A NEW JEREY HOME INSPECTOR CONTRACTOR TRIES TO COLLECT A FRAUDUENT HOME INSPECTOR BILL?
If a New Jersey homeowner is a victim of New Jersey Consumer Fraud, the New Jersey home inspector bill may be uncollectible or void.   Consult with a New Jersey lawyer to find out if you qualify for that type of relief against a New Jersey home inspector.  


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