Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Home Purchase Lawsuit 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.

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 of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Do not rely upon the statutes, rules, codes, files or forms on this website for any purpose! Before taking any legal action, read all applicable federal and state source law and case law and consult with an attorney for changes. Addresses, hours of operation and directions may change so be sure to check with the court in advance of mailing documents to court or going to any court!!! Some of the webpages on this site do not apply to all types of New Jersey cases, since there are different rules for different case types!

NEW JERSEY HOME SALE BREACH OF CONTRACT FACTS

WHAT IS A NEW JERSEY HOME SALE BREACH OF CONTRACT LAWSUIT?
A New Jersey home sale contract lawsuit is usually a disagreement between a New Jersey home seller and a New Jersey home buyer about a New Jersey home seller’s failure to honor the New Jersey home sale contract or the New Jersey home seller’s failure to perform the New Jersey home sale contract, such as by failing to complete the New Jersey home sale by going to closing and selling the New Jersey home or failing to honor some promise under the New Jersey home contract by failing to make repairs or do something else required of the New Jersey home seller.

WHAT ARE THE REQUIREMENTS FOR AN ENFORCEABLE THE NEW JERSEY HOME SALE CONTRACT?
There are 5 essential elements to a valid The New Jersey home sale contract:

1. mutuality of assent;
2. legal capacity of the parties;
3. valuable consideration;
4. legality of subject matter; and
5. a writing.

The New Jersey court must first determine whether some type of The New Jersey home sale contract existed between the New Jersey home buyer and the New Jersey home seller. New Jersey home sale contract may be expressed or implied or may be a mixture of the two. An express New Jersey home sale contract is one in which the New Jersey home buyer and The New Jersey home seller have shown their agreement by words. Express New Jersey home sale contracts include those in which the New Jersey home buyer and The New Jersey home seller have orally stated the terms to each other or have placed the terms in writing. An implied New Jersey home sale contract is one in which the New Jersey home buyer and The New Jersey home seller show their agreement by conduct. For example, if someone provides services to another under circumstances that do not support the idea that they were donated or free, New Jersey home sale contract law implies an obligation to pay the reasonable value of services. Thus, an implied New Jersey home sale contract is an agreement inferred from the New Jersey home buyer and The New Jersey home seller’s conduct or from the circumstances surrounding their relationship. In other words, a The New Jersey home seller may be obligated to pay for services rendered for The New Jersey home seller by The New Jersey home buyer if the circumstances are such that The New Jersey home buyer reasonably expected The New Jersey home seller to compensate The New Jersey home buyer and if a reasonable person in The New Jersey home seller’s position would know that The New Jersey home buyer was performing the services expecting that The New Jersey home seller would pay for them. Under the requirement of mutuality of assent, for New Jersey home buyers and New Jersey home sellers to enter into a New Jersey home sale contract, a meeting of the minds must take place between the New Jersey home buyers and New Jersey home sellers. The mutuality of assent must be real and not the result of mistake, misrepresentation, New Jersey legal fraud, New Jersey consumer fraud, duress or undue influence. Since, a New Jersey breach of contract is never presumed; rather, the burden of establishing a New Jersey breach of contract rests with the New Jersey home buyer or New Jersey home seller asserting the New Jersey breach. A New Jersey home sale contract is an exchange of promises and thus is the result of a “bargain,” an “exchange of equivalents.” An enforceable bilateral New Jersey agreement requires an offer, an acceptance, consideration and a meeting of the minds upon all the essential terms of the New Jersey agreement. To have a valid New Jersey home sale contract, there must be a meeting of the minds, as a New Jersey home sale contract does not come into being unless the New Jersey home buyers and New Jersey home sellers agree to the same terms. Thus, an enforceable contract only results from the New Jersey home buyers’ and New Jersey home sellers’ agreeing upon essential terms and manifesting an intention to be bound by those terms and where the New Jersey home buyers and New Jersey home sellers do not agree to one or more essential terms, the New Jersey agreement may be unenforceable. Indeed, it is fundamental that the essential element to the valid consummation of a New Jersey home sale contract is a meeting of the minds of the New Jersey home sale contracting parties. Thus, doubt or difference between the New Jersey home buyers and New Jersey home sellers to an alleged contract is normally incompatible with the claim that the New Jersey home buyers and New Jersey home sellers agreement to terms. If the contemplated agreement is to be bilateral, the offeror and offeree alike must express agreement as to every term of the New Jersey home sale contract. The offerror does this in the offer; the offeree must do it in his acceptance. When interpreting a New Jersey home sale contract, it is not the real intent that controls but rather the intent expressed or apparent in the writing. Further, normally it is not the New Jersey court’s role to make a new contract or to supply any material stipulations or conditions which contravene the New Jersey agreements of the New Jersey home buyers and New Jersey home sellers. The mere fact that a New Jersey home sale contract is somewhat harsh or unfair in its operation does not excuse the performance of same and the New Jersey court cannot create contractual obligations that are not based on the expressed intention of the New Jersey home buyers and New Jersey home sellers. Indeed, the New Jersey court will not normally rewrite the New Jersey agreement to provide the protection which a New Jersey home buyer or New Jersey home seller failed to obtain for themselves. Instead, the judicial function of the New Jersey court is normally to enforce the New Jersey home sale contract as it is written. Moreover, where the New Jersey home buyers and New Jersey home sellers are experienced businesspeople, courts generally should not tinker with a finely drawn and precise contract entered into by experienced business people that regulates their financial affairs. Also, equitable relief is not normally available merely because enforcement of the New Jersey home sale contract causes hardship to one of the New Jersey home buyers and New Jersey home sellers. Thus, if a New Jersey home sale contract contains ambiguous or doubtful terms, the New Jersey home sale contract is generally construed against its drafter. The interpretation of a New Jersey home sale contract is often a legal question for the New Jersey court rather than for a New Jersey jury.

ARE NEW JERSEY ORAL HOME SALE CONTRACTS ENFORCEABLE IN A NEW JERSEY COURT?
An oral New Jersey home sale contract may be enforceable in a New Jersey Court, especially if there is proof that the terms of the New Jersey home sale contract were sufficiently definite and that the New Jersey home buyers and New Jersey home sellers agreed to be bound to the oral agreement. While there does exist a statute of frauds in New Jersey that requires that certain contracts be in writing, in certain situations, it can be overcome.

HOW DOES A NEW JERSEY HOME BUYER PROVE A NEW JERSEY HOME SALE BREACH OF CONTRACT LAWSUIT?
To establish a New Jersey home sale breach of contract lawsuit against a New Jersey home seller, the New Jersey home buyer must prove that:
1. The New Jersey home buyer and New Jersey home seller entered into a New Jersey home sale contract containing certain terms – a valid New Jersey home sale contract.
2. The New Jersey home buyer did what the New Jersey home sale contract required the New Jersey home buyer to do.
3. The New Jersey home seller did not do what the New Jersey home sale contract required the New Jersey home seller to do. This failure is called a New Jersey home sale breach of contract.
4. The New Jersey home seller’s breach, or failure to do what the New Jersey home sale contract required, caused a loss to the New Jersey home buyer.

One of the elements that the New Jersey home buyer must prove is the New Jersey home seller’s breach of contract. Failure to perform a New Jersey home sale contract in accordance with its terms constitutes a New Jersey home sale contract breach of contract. It does not matter if the failure was purposeful or inadvertent. A New Jersey home sale contract breach may be material or minor. The generally accepted rule is that whether a New Jersey home sale contract breach is material is a question of fact. However, New Jersey courts will enforce a New Jersey home sale contractual provision establishing that a particular New Jersey home sale contract breach is grounds for termination of the New Jersey home sale contract. the New Jersey home buyer can sue for any New Jersey home sale contract breach, even if minor providing the New Jersey home sale contract breach causes the New Jersey home buyer measurable injury or damage. When there has been a minor breach that may have caused the New Jersey home buyer injury or damage, it is possible for you to conclude that the New Jersey home seller has nevertheless substantially performed is the New Jersey home sale contract. To find that the New Jersey home seller substantially performed the New Jersey home sale contract, the New Jersey Court must have to conclude from the evidence that the New Jersey home seller made a good faith effort that actually achieved the essential purpose of the New Jersey home sale contract and provide the New Jersey home buyer with the fundamental benefits that the New Jersey home buyer was supposed to receive from is the New Jersey home sale contract. If the New Jersey home seller substantially performed is the New Jersey home sale contract, it will affect the amount of money damages that can be awarded for the New Jersey home sale breach of contract.

HOW DOES A NEW JERSEY COURT DECIDE IF A NEW JERSEY HOME SALE BREACH OF CONTRACT IS MATERIAL OR MINOR?
A New Jersey home sale contract breach is material if it affects the purpose of the New Jersey home sale contract in an important or vital way. A material breach defeats the purpose of the New Jersey home sale contract and is inconsistent with the intention of the New Jersey home buyer and New Jersey home seller to be bound by is the New Jersey home sale contract terms. When a New Jersey home seller materially breaches a New Jersey home sale contract, the New Jersey home buyer has a right to terminate is the New Jersey home sale contract and may be excused from further performance of plaintiff’s remaining obligations under is the New Jersey home sale contract. The New Jersey Court may use the following criteria for determining whether a New Jersey home sale contract breach is material:
(1) the extent to which the injured party will be deprived of the benefit which he/she reasonably expected;
(2) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived;
(3) the extent to which the New Jersey home buyer or New Jersey home seller failing to perform or to offer to perform will suffer forfeiture;
(4) the likelihood that the New Jersey home buyer or New Jersey home seller failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances;
(5) the extent to which the behavior of the New Jersey home buyer or New Jersey home seller failing to perform or to offer to perform comports with standards of good faith and fair dealing.

NEW JERSEY COURT’S DUTY TO ENFORCE A NEW JERSEY HOME SALE CONTRACT’S WRITTEN TERMS
When a party affixes his signature to a written instrument, a conclusive presumption arises that he read, understood and assented to its terms and he will not be heard to complain that he did not comprehend the effect of his act in signing. The general rule in New Jersey is that a person is bound by his signature to a New Jersey home sale contract, even though he has not read it. Normally one’s signature as a party to a written New Jersey home sale contract raises a conclusive presumption that he read, understood, and assented to the New Jersey home sale contract’s terms. In the ordinary case, courts should enforce the New Jersey home sale contracts as made by the parties. it is not the province of the New Jersey court to make a new New Jersey home sale contract or to supply any material stipulations or conditions which contravene the agreements of the parties to the New Jersey home sale contract. Where a New Jersey home sale contract is clear, courts are bound to enforce its terms as they are written and may not make a better New Jersey home sale contract for either of the parties. When interpreting a New Jersey home sale contract, it is not the real intent that controls but rather the intent expressed or apparent in the writing. In interpreting the intention of New Jersey home sale contracting parties, courts look to the intent expressed or apparent in the writing. In the absence of fraud, one who does not choose to read a New Jersey home sale contract before signing it cannot later be relieved of its burdens. Accordingly, in the absence of a showing that one party was instrumental in inducing the other party not to read the New Jersey home sale contract in full, said party’s failure to read the New Jersey home sale contract is not a circumstance to be considered in determining whether there were unequal bargaining positions as between the parties.

A New Jersey court will not rewrite the agreement to provide the protection which a party failed to obtain for themselves. It is not the function of a New Jersey court to make a better New Jersey home sale contract for the parties or to supply terms not previously agreed upon. If a New Jersey home sale contract’s terms are clear, a New Jersey court must merely enforce them as written. It is not a New Jersey court’s function to make a New Jersey home sale contract for the parties or to supply terms not previously agreed upon. The law will not make a better New Jersey home sale contract for the parties than they themselves have seen fit to enter into, or alter it for the benefit of one party and the detriment of the other. The judicial function of the New Jersey court is to enforce the New Jersey home sale contract as it is written. Motivations or mental reservations cannot affect a written agreement. Otherwise, the agreement would be worthless and the source of much litigation. The avoidance of such uncertainty is the precise reason for the Statute of Frauds and the companion parol evidence rule. Accordingly, where a written New Jersey home sale contract is complete and unambiguous on its face, the parties are bound by the intentions they express in same.
The mere fact that a New Jersey home sale contract is somewhat harsh or unfair in its operation does not excuse the performance of same and a New Jersey court cannot create New Jersey home sale contractual obligations not based on the expressed intention of the parties. Performance of promises agreed upon by the parties may only be excused for reasons that the law deems just. A New Jersey court may not relieve a party from the hardship they might have guarded against and thus, the New Jersey court shall enforce the New Jersey home sale contract which the parties themselves made.

WHEN DOES A NEW JERSEY COURT LOOK BEYOND A NEW JERSEY HOME SALE CONTRACT’S TERMS TO DETERMINE THE PARTIES’ RIGHTS UNDER THE NEW JERSEY HOME SALE CONTRACT?
Where one party to an oral agreement entrusts the other to reduce it to a writing, the first party has the right to rely upon the representation that it shall be drawn up accurately, in accordance with the parties’ oral understanding. Although the freedom to make a New Jersey home sale contract is important, it is not such an immutable doctrine so as to admit of no qualification and in each case the New Jersey court must weigh the valued interest in freedom of contract against countervailing factors. For a New Jersey home sale contract to be enforced as written, there is an assumption that the parties occupy positions of relative equality and that their consent is freely given. A New Jersey home sale contract where one party must accept or reject the New Jersey home sale contract does not result in the consent of that party, as it is a New Jersey home sale contract of adhesion. Such New Jersey home sale contracts are subject to extra scrutiny by the New Jersey court reviewing same.

The construction of a written New Jersey home sale contract is usually a legal question for a New Jersey court, but where there is uncertainty, ambiguity or the need for parol evidence to aid in the New Jersey court’s interpretation of the New Jersey home sale contract, the jury must decide the New Jersey home sale contract’s doubtful provisions. To understand the parties’ intent and to give effect to the nature of the New Jersey home sale contract as expressed in writing, it must be interpreted by considering the parties’ surrounding circumstances and relationships. Where strict construction of a New Jersey home sale contract’s language would defeat its obvious purpose, a New Jersey court may decline to enforce said language. A New Jersey court should interpret a written New Jersey home sale contract in accordance with justice, common sense and the parties’ probable intent. A New Jersey home sale contract should be interpreted as a business transaction entered into by practical people seeking to accomplish an honest and straightforward end. The New Jersey court should consider the New Jersey home sale contract’s written terms in the entire context of the circumstances surrounding its creation and accord the writing a rational meaning in keeping with the New Jersey home sale contract’s expressed general purpose. New Jersey courts are generally obligated to enforce the New Jersey home sale contracts based on the parties’ intent, the New Jersey home sale contract’s express terms, the circumstances surrounding the New Jersey home sale contract and its underlying purpose. When interpreting the New Jersey home sale contracts, a New Jersey court must if possible ascertain and give effect to the parties’ mutual intent.

To understand the parties’ intent and to give effect to the nature of the New Jersey home sale contract as expressed by them, a New Jersey court must interpret a New Jersey home sale contract by considering the surrounding circumstances and the relationships of the parties when it was entered into. A New Jersey court should not permit a rigid principle of law to smother the factual realities to which it is sought to be applied. Moreover, equity will not permit a wrong to be suffered without affording an appropriate remedy. Equity regards as done that which ought to be done. Applying principles of fairness and justice, a New Jersey court may fashion an appropriate remedy to vindicate a wrong. Where a written New Jersey home sale contract contains ambiguous or doubtful terms, the New Jersey home sale contract is construed against its drafter.

WHAT HAPPENS IF THE NEW JERSEY HOME BUYER’S PROMISE UNDER IS THE NEW JERSEY HOME SALE CONTRACT WAS DEPENDENT UPON THE NEW JERSEY HOME SELLER’S PERFORMANCE AND THE NEW JERSEY HOME SELLER FAILS TO PERFORM UNDER THE NEW JERSEY HOME SALE CONTRACT?
When the New Jersey home buyer’s promise under is the New Jersey home sale contract was dependent upon the New Jersey home seller’s performance and the New Jersey home seller fails to perform, then the New Jersey home buyer is excused from further performance of the New Jersey home buyer’s promise. When a New Jersey home sale contract case plaintiff or New Jersey home sale contract case defendant materially breaches the New Jersey home sale contract but does not indicate any intention to renounce or repudiate the remainder of the New Jersey home sale contract, the New Jersey home buyer can elect to either continue to perform or cease to perform. If the New Jersey home buyer elects to perform, the New Jersey home buyer is deprived of an excuse for ceasing performance. But even if the New Jersey home buyer elects to perform, the New Jersey home buyer can still sue for any injury or damages suffered because of the material breach.

WHAT DAMAGES ARE AVAILABLE FOR BREACH OF A NEW JEREY HOME SALE CONTRACT?
Where a New Jersey home buyer and a New Jersey home seller have made New Jersey home sale contract, which one of them has broken, the damages which the other party ought to receive, in respect of such a New Jersey breach, should be such as may fairly be considered either arising naturally, i.e., according to the usual course of things, from such a New Jersey breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both the New Jersey home buyer and New Jersey home seller at the time they made the New Jersey home sale contract, as the probable result of the New Jersey breach of it. Contract damages are generally designed to put the injured party in as good a position as if the New Jersey home sale contract had been performed. For example, in a lease transaction, the lessee is generally entitled to recover the value of the lease term, which, in the absence of special circumstances, is the difference between the actual rental value and the rent reserved. A New Jersey home buyer or New Jersey home seller is not generally chargeable for New Jersey home sale contract loss that the New Jersey home buyer or New Jersey home seller had no reason to foresee as a probable result of the alleged New Jersey breach when the New Jersey home sale contract was made. Further, the loss must be a reasonably certain consequence of the New Jersey breach.

CAN NEW JERSEY HOME BUYER FORCE NEW JERSEY HOME SELLER TO PERFORM OBLIGATIONS UNDER NEW JERSEY HOME SALE CONTRACT (NEW JERSEY SPECIFIC PERFORMANCE)?
New Jersey specific performance is an equitable remedy available to a New Jersey home buyer or New Jersey home seller to a New Jersey home sale breach of contract lawsuit if they can establish that mere legal relief such as an award of damages would be insufficient to make the claimant whole. Under the doctrine of New Jersey specific performance, the New Jersey court orders a New Jersey home buyer or New Jersey home seller guilty of a New Jersey breach of contract to, under the danger of court penalties, perform under the New Jersey home sale contract or if they already began to perform and stopped, to complete performance under the New Jersey home sale contract. To establish a right to the New Jersey remedy of New Jersey specific performance, a New Jersey home buyer must demonstrate that the New Jersey home sale contract in question is valid and enforceable at law, that the terms of the New Jersey home sale contract are expressed in such fashion that the New Jersey court can determine, with reasonable certainty, the duties of a New Jersey home buyer and a New Jersey home seller and the conditions under which performance is due and that an order compelling performance of the New Jersey home sale contract will not be harsh or oppressive. The right to New Jersey specific performance turns not only on whether the claimant has demonstrated a right to legal relief but also whether the performance of the New Jersey home sale contract represents an equitable result. The New Jersey remedy of New Jersey specific performance is in the New Jersey court’s discretion to grant or deny. When New Jersey specific performance is sought, the New Jersey court is required to do more than merely determine whether the New Jersey home sale contract is valid and enforceable; the New Jersey court of equity must also appraise the respective conduct and situation of the New Jersey home buyers and New Jersey home sellers, the clarity of the New Jersey agreement itself notwithstanding that it may be legally enforceable and the impact that an order of New Jersey specific performance could have (i.e., whether such an order is harsh or oppressive to the wrongdoer or whether a denial of New Jersey specific performance leaves the claimant with an adequate remedy). In addition, the New Jersey home buyer or New Jersey home seller seeking New Jersey specific performance must stand in conscientious relation to his adversary – that party’s conduct in the matter must have been fair, just and equitable rather than sharp or aiming at unfair advantage. Such weighing of equitable considerations must represent, in each New Jersey case, a conscious attempt on the New Jersey court’s part to render complete justice to both the New Jersey home buyer and New Jersey home seller regarding their contractual relationship. The New Jersey court will often direct performance of such New Jersey home sale contract because, when there is no excuse for the failure to perform, The New Jersey home sale contract law of equity regards and treats as done what in good conscience ought to be done. However, New Jersey specific performance of New Jersey home sale contract will not be awarded where the New Jersey home sale contract is incomplete, uncertain or too indefinite in its material terms to be specifically enforced in equity.

WHAT IS THE NEW JERSEY DUTY OF GOOD FAITH AND FAIR DEALING IN NEW JERSEY HOME SALE CONTRACTS?
In addition to the express terms of a New Jersey home sale contract, New Jersey home sale contract law provides that every New Jersey home sale contract contains an implied covenant of good faith and fair dealing. This means that, even though not specifically stated in the New Jersey home sale contract, it is implied or understood that the New Jersey home buyer and the New Jersey home seller to the New Jersey home sale contract must act in good faith and deal fairly with the other party in performing or enforcing the terms of the New Jersey home sale contract.

HOW DOES A THE NEW JERSEY HOME SELLER COMMIT BAD FAITH OR VIOLATE THE NEW JERSEY COVENANT OF GOOD FAITH AND FAIR DEALING?
To act in good faith and deal fairly, a The New Jersey home seller must act in a way that is honest and faithful to the agreed purposes of the New Jersey home sale contract and consistent with the reasonable expectations of the New Jersey home buyer and The New Jersey home seller. A The New Jersey home seller must not act in bad faith, dishonestly, or with improper motive to destroy or injure the right of the other party to receive the benefits or reasonable expectations of the New Jersey home sale contract. There can be no New Jersey breach of the implied covenant of good faith and fair dealing unless the New Jersey home buyer and The New Jersey home seller have a New Jersey home sale contract. Additionally, the implied covenant of good faith and fair dealing may not override an expressly granted right under the New Jersey home sale contract. For example, an implied covenant of good faith and fair dealing may not override an express provision in the New Jersey home sale contract giving one party the right to terminate the New Jersey home sale contract and the party’s motive in terminating the New Jersey home sale contract under such circumstances may be irrelevant. A The New Jersey home seller must still, however, act in good faith in the performance of the New Jersey home sale contract until the termination actually takes place. Thus, even though the New Jersey home seller complies with the express New Jersey home sale contract term entitling him to terminate the New Jersey home sale contract, the New Jersey home seller may still be in breach of the New Jersey covenant of good faith and fair dealing if he fails to act in good faith and deal fairly until the New Jersey home sale contract is actually terminated. There are many forms of conduct that might constitute a violation of good faith and fair dealing, but each case is fact-sensitive. The New Jersey home seller, as the dominant party, has an even greater obligation than the New Jersey home buyer to act in good faith; the New Jersey home seller must not put technical encumbrances or hidden pitfalls in the way of The New Jersey home buyers that would undermine the New Jersey home buyers’ reasonable expectations.

HOW DOES A THE NEW JERSEY HOME BUYER PROVE A NEW JERSEY BAD FAITH HOME SALE LAWSUIT OR NEW JERSEY VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING LAWSUIT?
For a New Jersey court to find that there has been a New Jersey breach of the implied covenant of good faith and fair dealing, the New Jersey home buyer must prove that the New Jersey home seller, with no legitimate purpose: 1) acted with bad motives or intentions or engaged in deception or evasion in the performance of The New Jersey home sale contract; and 2) by such conduct, denied the New Jersey home buyer of the bargain initially intended by the New Jersey home buyer and The New Jersey home seller. To prevail on the New Jersey bad faith home sale lawsuit, the New Jersey home buyer must prove each of the following three elements by a preponderance of the evidence: First, the New Jersey home buyer must prove that some type of The New Jersey home sale contract existed between the New Jersey home buyer and The New Jersey home seller. There can be no breach of the New Jersey covenant of good faith and fair dealing unless the New Jersey home buyer and The New Jersey home seller have New Jersey home sale contract. Second, the New Jersey home buyer must prove that the New Jersey home seller acted in bad faith with the purpose of depriving the New Jersey home buyer of rights or benefits under the New Jersey home sale contract. Third, the New Jersey home buyer must prove that the New Jersey home seller’s conduct caused the New Jersey home buyer to suffer injury, damage, loss or harm.

DID THE NEW JERSEY HOME SELLER ACT IN BAD FAITH WITH THE INTENT TO DEPRIVE THE NEW JERSEY HOME BUYER OF RIGHTS OR BENEFITS UNDER THE NEW JERSEY HOME SALE CONTRACT?
If the New Jersey home seller finds that New Jersey home sale contract existed between the New Jersey home buyer and The New Jersey home seller, the New Jersey court must then determine whether the New Jersey home seller violated the implied covenant of good faith and fair dealing. As to this element, the New Jersey court must decide whether the New Jersey home seller acted with bad faith to interfere with the New Jersey home buyer’s right to receive the benefits of the New Jersey home sale contract. Proof of bad motive or intention is essential to a claim that the New Jersey home seller has violated the New Jersey covenant of good faith and fair dealing. In considering what constitutes bad faith, the New Jersey court should consider a number of factors, including the expectations of the New Jersey home buyer and The New Jersey home seller and the purposes for which the New Jersey home sale contract was made. The New Jersey court should also consider the level of sophistication between the New Jersey home buyer and The New Jersey home seller, whether the New Jersey home buyer and The New Jersey home seller had equal or unequal bargaining power, and whether the New Jersey home seller’s action involved the exercise of discretion. Keep in mind, however, that bad faith is not established by simply showing that the New Jersey home seller’s motive for his/her actions did not consider the best interests of the New Jersey home buyer. The New Jersey home sale contract law does not require parties to behave thoughtfully, charitably or unselfishly toward each other. In order for the New Jersey home buyer to prevail on his/her claim, the New Jersey court must specifically find that bad faith motivated the New Jersey home seller’s actions. A The New Jersey home seller who acts in good faith on an honest, but mistaken, belief that the New Jersey home seller’s actions were justified has not breached the New Jersey covenant of good faith and fair dealing.

DID THE NEW JERSEY HOME SELLER’S CONDUCT CAUSED THE NEW JERSEY HOME BUYER TO SUFFER INJURY, DAMAGE, LOSS OR HARM?
The New Jersey home buyer must also prove that because of the New Jersey home seller’s actions, the New Jersey home buyer was unable to realize the benefits of the New Jersey home sale contract.

SUMMARY OF PROOFS REQUIRED TO WIN A NEW JERSEY BAD FAITH HOME SALE LAWSUIT OR NEW JERSEY VIOLATION OF THE COVENANT OF GOOD FAITH AND FAIR DEALING LAWSUIT
if the New Jersey home seller finds that the New Jersey home buyer has proven by a preponderance of the evidence: (1) the existence of some type of The New Jersey home sale contract; (2) that the New Jersey home seller, although acting consistent with the New Jersey home sale contract’s terms, acted in bad faith with the intent to deprive the New Jersey home buyer of his/her reasonable expectations under the New Jersey home sale contract; and (3) the New Jersey home buyer sustained injury or loss as a result of such action, then the New Jersey court must find for the New Jersey home buyer.

WHAT ARE NEW JERSEY HOME SALE CONTRACT LIMITATION OF LIABILITY CLAUSES?
• Many New Jersey home sale contracts 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 seller’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 sale contracts.
• As a businessperson who possesses knowledge about and experience in the industry, New Jersey home sellers 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 seller’s service to New Jersey home buyers.
• New Jersey home seller limitation of liability clauses will not necessarily hold up to protect a New Jersey home seller in a New Jersey home seller arbitration or New Jersey home seller lawsuit. For example, New Jersey home seller limitation of liability clauses may be unconscionable as a matter of law by unfairly attempting to defeat the New Jersey home buyers’ right to relief against the New Jersey home seller.

WHAT ARE NEW JERSEY HOME SALE CONTRACT ARBITRATION CLAUSES?
• Many New Jersey home sale contracts contain mandatory New Jersey home sale contract arbitration clauses under which the New Jersey home buyers and the New Jersey home seller 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 home buyer’s home inspection agreement contains such a mandatory arbitration clause, a New Jersey home buyer’s claim against a New Jersey home seller may have to be arbitrated instead of being handled by New Jersey courts.

WHEN IS NEW JERSEY HOME SALE CONTRACT INVALID BECAUSE IT WAS ENTERED INTO THROUGH FRAUD?
In the absence of a trust or confidential relationship, statements of opinion or matters of judgment, though known to be false when actually made, do not constitute fraud. However, false representations as to material elements of the New Jersey home sale contract are grounds for rescission. Fraudulent misconduct is not excused by the credulity or negligence of the New Jersey consumer fraud victim or by the fact that the New Jersey consumer fraud victim might have discovered the New Jersey consumer fraud through prior investigation.

Purposeful concealment can be as destructive as an affirmative false statement. There exists a duty upon a New Jersey party to New Jersey home sale contract to disclose to the other New Jersey party facts basic to the transaction if the first party knows that the other is about to enter into the transaction under a mistake as to the facts and that the other, because of the relationship between the parties, the customs of the trade or other objective circumstances, would reasonably expect disclosure of the facts. Where such a duty to speak exists, the failure to speak constitutes unfair conduct likely to cause harm. An unconscionable bargain is one such as no person in their senses and not under delusion would make and as no honest and fair person would accept.

WHAT REMEDIES ARE AVAILABLE TO NEW JERSEY FRAUD VICTIMS WHO SIGN FRAUDULENT THE NEW JERSEY HOME SALE CONTRACTS?
Whenever there is a fraud in the execution or consideration of New Jersey home sale contract, the person defrauded at any time thereafter may institute a civil action, to recover the money owing on such The New Jersey home sale contract although, by its terms, the debt contracted or the money secured to be paid thereby is not then due or payable; and the New Jersey consumer fraud victim may, upon discovery of the New Jersey consumer fraud, either rescind the New Jersey home sale contract entirely and recover the money or property obtained by the New Jersey consumer fraud, or, sue on the New Jersey home sale contract to recover thereon.

In certain situations, a New Jersey home buyer could assert that, since the New Jersey home sale contract was the product of fraud, a New Jersey home buyer is entitled to rescind the New Jersey home sale contract and/or to recover the money and/or lien on property obtained under same.

The New Jersey home sale contract rescission is the equivalent of The New Jersey home sale contract cancellation. It is an equitable remedy which is only available in limited circumstances. Aside from situations where parties consent to The New Jersey home sale contract rescission, The New Jersey home sale contracts may normally only be rescinded where there is either original invalidity, fraud, failure of consideration, a material breach or default. Even where grounds for The New Jersey home sale contract rescission exist, the remedy is discretionary in nature. The New Jersey home sale contract rescission will not be granted where the party seeking same has not acted within a reasonable time or where substantial performance has already occurred. Indeed, delay in the rescission of New Jersey home sale contract is evidence of an election to treat New Jersey home sale contract as valid. However, the duty to rescind New Jersey home sale contract does not first arise until the party seeking The New Jersey home sale contract rescission discovers the grounds for same. To grant The New Jersey home sale contract rescission, a New Jersey court must be able to return the parties to their position before they entered into the New Jersey home sale contract. Accordingly, a New Jersey party cannot usually simply rescind New Jersey home sale contract and at the same time keep possession of goods or services received under the New Jersey home sale contract. To complete New Jersey home sale contract rescission following partial performance, the party seeking to rescind the New Jersey home sale contract must return or tender the consideration previously received. The New Jersey home sale contracts are subject to rescission where they are obtained by fraud. Indeed, the very existence of a fraudulently procured The New Jersey home sale contract causes damage, so that where fraud is found, damage may be presumed. In the absence of actual fraud, undue influence or misrepresentation, The New Jersey home sale contract rescission will not be permitted.

A unilateral mistake of a fact unknown to the other New Jersey party to New Jersey home sale contract is not ordinarily grounds for The New Jersey home sale contract rescission. To qualify for such relief, a New Jersey party must show special circumstances justifying a departure from the generally controlling principle that parties are bound by the New Jersey home sale contracts they make for themselves. Accordingly, the circumstances providing for The New Jersey home sale contract rescission due to a unilateral mistake fact are: [1] the mistake is of such a great consequence that to enforce the New Jersey home sale contract as actually made would be unconscionable; [2] the matter as to which the mistake was made must relate to the material feature of the New Jersey home sale contract; the mistake must have occurred notwithstanding the exercise of reasonable care by the party making the mistake; and [4] the requested The New Jersey home sale contract rescission cannot cause serious prejudice to the other New Jersey party, except for loss of bargain.

HOW DO I PROVE FRAUD IN NEW JERSEY HOME SALE CONTRACT CASE?
Under New Jersey common law, there are two types of New Jersey common law fraud: New Jersey equitable fraud and New Jersey legal fraud. To prove a claim for New Jersey common law equitable fraud, a New Jersey home buyer must show the following:

• a material misrepresentation of a presently existing or past fact;

• made with the intent that a New Jersey home buyer rely upon it; and

• detrimental reliance by a New Jersey home buyer.

Even an innocent misrepresentation can constitute New Jersey equitable fraud justifying rescission of New Jersey home sale contract. But the only remedy available for New Jersey equitable fraud is equitable in nature: rescission or reformation of the New Jersey home sale contract.

WHAT IS THE NEW JERSEY CONSUMER FRAUD ACT?
The New Jersey Consumer Fraud Act is a New Jersey law that regulates a very wide range of goods and services. The New Jersey Consumer Fraud Act was intended as a response to public harm resulting from deception, misrepresentation and unconscionable practices engaged in by professional sellers seeking mass distribution of many types of consumer goods. The New Jersey Consumer Fraud Act provides individuals and businesses with the right to file a New Jersey home sale breach of contract lawsuit against those that cause actual harm by using deception, misrepresentation and unconscionable practices when selling certain goods or services. The New Jersey Consumer Fraud Act provides New Jersey consumers with a greater level of protection than do some other remedies for fraud. Under the New Jersey Consumer Fraud Act, the burden of proof is often easier to meet and potential damages are greater, as the New Jersey Consumer Fraud Act allows certain defrauded and injured individuals and businesses to recover 3 times the amount of damages plus court costs and attorney's fees.

WHAT IS CONSIDERED “FRAUD” UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
Under the New Jersey Consumer Fraud Act, the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid, whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.

Generally speaking, the New Jersey Consumer Fraud Act creates three categories of prohibited acts:

1. Affirmative acts -- unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation.

2. Knowing omissions -- concealment, suppression or omission of any material fact.

3. Violations of certain sections of the New Jersey Consumer Fraud Act and of regulations adopted by the New Jersey Division of Consumer Affairs.

Under the New Jersey Consumer Fraud Act, mere proof of a subsection of the New Jersey Consumer Fraud Act or regulatory violation establishes unlawful conduct and thus, does not require separate proof of intent to evade or violate The New Jersey home sale contract law.

DO I HAVE TO HAVE NEW JERSEY HOME SALE CONTRACT TO HAVE A NEW JERSEY CONSUMER FRAUD ACT CASE?
• You don’t always need a New Jersey oral or written contract to have a New Jersey Consumer Fraud Act case.
• Privity of contract = having New Jersey home sale contract with someone else.
• Privity of contract is not a prerequisite to New Jersey Consumer Fraud Act standing.
• If representations are made in connection with the New Jersey sale of merchandise, indirect promises are actionable.
• Parties may conclude New Jersey home sale contract for the New Jersey sale of goods notwithstanding whether they agreed upon a price.
• The absence of privity of contract no longer bars a buyer from reaching through the chain of distribution to a product’s manufacturer.
• But absence of New Jersey home sale contract may affect a New Jersey party’s amount of New Jersey Consumer Fraud Act damages.

DOES THE NEW JERSEY CONSUMER FRAUD ACT APPLY TO UNPROFESSIONAL NEW JERSEY SELLERS OF REAL ESTATE?
In most cases, it is unlikely that the New Jersey Consumer Fraud Act will apply to an unprofessional New Jersey seller of real estate, such as a New Jersey home seller who does not sell New Jersey homes to make their living.

WHAT DAMAGES ARE AVAILABLE TO A NEW JERSEY HOME BUYER THAT IS A CONSUMER FRAUD VICTIM?
If a New Jersey home buyer proves that another business violated the New Jersey Consumer Fraud Act and that the New Jersey home buyer suffered New Jersey Consumer Fraud ascertainable loss due to the New Jersey consumer fraud, the victimized business shall be entitled to potentially recover:
• an injunction to stop the New Jersey consumer fraud
• a refund of money or return of property lost as a result of the New Jersey consumer fraud
• cancellation of New Jersey home sale contract that is the product of consumer fraud
• treble damages
• attorney’s fees
• litigation costs (i.e., lawsuit filing fees, postage, service fees, etc. but not expert fees).
In cases involving the New Jersey Consumer Fraud Act in the context of a New Jersey breach of contract or misrepresentation, either out-of-pocket loss or a demonstration of loss in value shall generally be enough to meet the required proof of New Jersey Consumer Fraud ascertainable loss.

ARE THE NEW JERSEY HOME SALE CONTRACTS THAT VIOLATE THE NEW JERSEY CONSUMER FRAUD ACT ABLE TO BE CANCELLED?
• The New Jersey home sale contracts that violate the New Jersey Consumer Fraud Act and New Jersey debts that are caused by violations of the New Jersey Consumer Fraud Act may be cancelled by a New Jersey court. Under the New Jersey Consumer Fraud Act, fraudulent debts are subject to cancellation via the equitable relief afforded to New Jersey Consumer Fraud victims.
• If a merchant violates the New Jersey Consumer Fraud Act so as to render the contract unenforceable, the merchant is typically precluded from recovering any profit for the services rendered & instead, might only recover via quantum meruit, if at all.
• Even recovery via quantum meruit is questionable, as those who commit New Jersey Consumer Fraud should not profit from their misconduct.
• Before filing suit on behalf of a merchant seeking to collect debts that may be the product of New Jersey Consumer Fraud, attorneys should warn their clients in writing of the possibility that, if the debt is found to be the product of New Jersey Consumer Fraud, the suit may result in their:
o recovering nothing or far less than the amount sought;
o facing a judgment for their New Jersey consumer’s fees & costs in defending the collection action, regardless of proof of any New Jersey ascertainable loss ; &
o Facing New Jersey consumer fraud treble damages for causally related New Jersey ascertainable loss.

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.

Website Builder