Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Home Inspector Fraud facts

Read below to learn more about this topic.

Or, to receive a no cost phone consultation about what the Law Office of Paul DePetris might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris at paul@newjerseylemon.com.

The information in this article is only for New Jersey Law Division, Civil Part cases and not for other New Jersey court cases, such as those in New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court!!! Do not use this article if you have a New Jersey Special Civil Court, New Jersey Small Claims Court or New Jersey Chancery Court case!!! Also, no website is a substitute for competent advice from a New Jersey lawyer!

Warning – this article does not necessarily include each and every New Jersey court rule 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 of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the statutes, rules, codes, files or forms on this website contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws. Be certain to cross reference all applicable rules before preparing, filing or serving any papers!!! For example, Special Civil Part Rules often cross reference other rules – rules that apply to Special Civil Part Cases as well as to other types of civil cases not being heard in Special Civil Part.

NEW JERSEY HOME INSPECTOR FRAUD FACTS

WHAT IS A NEW JERSEY HOME INSPECTION?
A New Jersey home inspection is an inspection of a New Jersey home’s structure and components to find problems, issues and items that require repair or that could be unsafe. 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 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 hat 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. Often, the New Jersey home inspection report suggests more detailed investigation by the New Jersey home buyer or even possible repairs to the New Jersey home. Sometimes, New Jersey home inspection reports lead to a New Jersey home sale being cancelled because of the New Jersey home’s defects or poor state of repair. Other times, New Jersey home inspection reports lead to a New Jersey home buyer requesting credits from the New Jersey home seller so that the New Jersey home buyer can make repairs to the New Jersey home.

WHY ARE RELIABLE NEW JERSEY HOME INSPECTION REPORTS SO IMPORTANT?
• For most New Jersey home buyers the purchase of a New Jersey home is the greatest single purchase of their lifetime.
• The cost of homes in New Jersey is substantial.
• The purchase of a New Jersey home is, for most New Jersey home buyers, a very infrequent occurrence, and a very major undertaking.
• People may buy a New Jersey home once in a lifetime, or not very often.
• New Jersey home inspectors, on the other hand, usually conduct a volume operation.
• The impact upon the New Jersey home buyer upon receiving an inaccurate New Jersey home inspection report can be indeed monumental, considering issues such as habitability, health and safety, and financing obligations.
• The New Jersey home inspection report is supposed to serve as a reliable evaluation of a New Jersey home’s fitness for purchase.
• What a New Jersey home buyer using New Jersey home inspection services would generally and reasonably expect is an inspection and report which forthrightly discloses physical conditions of a New Jersey house which could reasonably affect the health, safety and welfare of its occupants.
• The New Jersey home inspector’s report should reveal and report conditions which may, presently or in the reasonably foreseeable future, cause the New Jersey home buyer substantial inconvenience or require costly repairs or maintenance expense.
• The very purpose of a New Jersey home inspection is to give a New Jersey home buyer a rational basis upon which to decline to enter into a New Jersey home contract to purchase the New Jersey home.
• New Jersey home inspectors are not required to have an engineering degree or any particular level of experience in the construction industry or in New Jersey home municipal code compliance.

NEW JERSEY HOME INSPECTION CONTRACT LIMITATION OF LIABILITY CLAUSES
• Many New Jersey home inspection agreements contain a limitation of liability clause under which the New Jersey home owner is allegedly only entitled to a refund of the New Jersey inspection fee.
• If, upon the occasional dereliction, the New Jersey home inspector’s only consequence is the obligation to refund a few hundred dollars, there is no meaningful incentive to act diligently in the performance of New Jersey home inspection contracts.
• As a businessperson who possesses knowledge about and experience in the industry, New Jersey home inspectors are aware of the cost of repairing major New Jersey home defects. In fact, that is a major selling point of a New Jersey home inspector’s service to New Jersey home buyers.
• New Jersey home inspector limitation of liability clauses will not necessarily hold up to protect a New Jersey home inspector in a New Jersey home inspector arbitration or New Jersey home inspector lawsuit. For example, New Jersey home inspector limitation of liability clauses may be unconscionable as a matter of law by unfairly attempting to defeat the New Jersey homeowners’ right to relief against the New Jersey home inspector.

NEW JERSEY HOME INSPECTION CONTRACT ARBITRATION CLAUSES
• Many New Jersey home inspection agreements contain mandatory New Jersey home inspection contract arbitration clauses under which the New Jersey homeowners and the New Jersey home inspector agree not to sue one another if they have a dispute but instead, to resolve their disputes through New Jersey arbitration conducted outside the New Jersey court system.
• New Jersey Arbitration clauses substitute the New Jersey arbitration process for the New Jersey court system.
• New Jersey courts are strongly committed to arbitration and agreements requiring the arbitration of disputes.
• If the New Jersey homeowner’s home inspection agreement contains such a mandatory arbitration clause, a New Jersey homeowner’s claim against a New Jersey home inspector may have to be arbitrated instead of being handled by New Jersey courts.

EXAMPLES OF NEW JERSEY HOME INSPECTION CONSUMER FRAUD CASES
• First time New Jersey home purchasers sued New Jersey home inspection company for alleged New Jersey Consumer Fraud Act violations.
• New Jersey Consumer Fraud case brought against New Jersey home inspection company which performed an inspection of a New Jersey home before its purchase.
• New Jersey home buyers sued New Jersey home inspector for New Jersey consumer fraud associated with New Jersey septic system inspection.
• New Jersey home purchasers brought New Jersey Consumer Fraud Act case against New Jersey builder, manufacturer of exterior siding, New Jersey subcontractor that installed siding and a New Jersey home inspector.

WHAT REMEDIES ARE AVAILABLE TO NEW JERSEY CONSUMER FRAUD ACT VICTIMS?
• 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 contractor’s New Jersey Consumer Fraud Act Violation.
• Other equitable relief.

NEED HELP WITH YOUR NEW JERSEY CASE?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Let the Law Office of Paul DePetris help you with your New Jersey case. Not all New Jersey cases require you to pay expensive legal fees to get legal help.

WHY SHOULD NEW JERSEY PRO SE PLAINTIFFS AND NEW JERSEY PRO SE DEFENDANTS SEEK HELP FROM A NEW JERSEY LAWYER?
Handling your New Jersey case wrong from the beginning may only cost you more money and time in the end!! Do it right the first time by seeking legal advice from a competent New Jersey lawyer!
Many New Jersey pro se plaintiffs and New Jersey pro se defendants make the mistake of not consulting a New Jersey lawyer before filing New Jersey Court papers only to later learn that the New Jersey pro se plaintiffs and New Jersey pro se defendants made serious mistakes that could cause them to lose their New Jersey case. Let the Law Office of Paul DePetris help you with your New Jersey case.

CAN I RELY ON NEW JERSEY COURT PERSONNEL FOR LEGAL ADVICE?
New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.

CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.

CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.

It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings

Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court

WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
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