Law Office Of Paul DePetris
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What Is New Jersey Home Repair 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or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws.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!

WHAT IS NEW JERSEY HOME REPAIR FRAUD FAQs

WHAT IS NEW JERSEY HOME REPAIR FRAUD?
Many people ask what is New Jersey home repair fraud? New Jersey home repair fraud is a serious problem in New Jersey. New Jersey homeowners are often victimized by fraudulent New Jersey home improvement contracts and New Jersey home improvement contractors who take the New Jersey homeowner’s money never intending to complete the New Jersey home improvement that the contractor promised to perform for the New Jersey homeowner. The New Jersey Consumer Fraud Act’s New Jersey home improvement contract requirements provide a powerful weapon to combat New Jersey home improvement contract fraud. When asking what is New Jersey home repair fraud, New Jersey homeowners must understand that there are many types of New Jersey home repair fraud. Indeed, New Jersey home repair fraud examples are many in number. New Jersey home repair fraud occurs when a New Jersey home improvement contractor or New Jersey home repair contractor commits certain misconduct when doing one of the following:
• Failure to follow the New Jersey Home Improvement Regulations.
• Failure to follow the New Jersey Home Improvement Contractor Registration Regulations
• Failure to follow the New Jersey Contractors’ Registration Act
• False advertising in New Jersey home improvement services or false advertising in New Jersey home repair services.
• Misrepresentations in the sale of New Jersey home repairs or the sale of New Jersey home improvements
• Misrepresentations in the performance of New Jersey home repair contracts or misrepresentations in the performance of New Jersey home improvement contracts

WHO IS RESPONSIBLE FOR NEW JERSEY HOME REPAIR FRAUD?
New Jersey home repair fraud is committed by New Jersey home improvement contractors. Under the New Jersey Contractors’ Registration Act, a New Jersey home improvement contractor is a person engaged in the business of making or selling home improvements and includes a corporation, partnership, association and any other form of business organization or entity, and its officers, representatives, agents and employees. Under the New Jersey Contractors’ Registration Act, a New Jersey home improvement involves the remodeling, altering, renovating, repairing, restoring, modernizing, moving, demolishing, or otherwise improving or modifying of the whole or any part of any residential or non-commercial property. Under the New Jersey Contractors’ Registration Act, a home improvement shall also include insulation installation, and the conversion of existing commercial structures into residential or non-commercial property. Under the New Jersey Contractors’ Registration Act, a New Jersey home improvement contract means an oral or written agreement for the performance of a home improvement between a New Jersey home improvement contractor and a New Jersey homeowner, New Jersey tenant or New Jersey lessee of a residential or noncommercial New Jersey property and includes all New Jersey agreements under which the New Jersey home improvement contractor is to perform labor or render services for New Jersey home improvements, or furnish materials in connection therewith. Under the New Jersey Contractors’ Registration Act, New Jersey homes subject to New Jersey home repair fraud are residential or non-commercial properties - any single or multi-unit structure used in whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of the lot or site on which the structure is situated which is devoted to the residential use of the structure. Under the New Jersey home improvement regulations, "Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring, moving, demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping,fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, security protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or forming a part of the residential or noncommercial property, but does not include the construction of a new residence. The term extends to the conversion of existing commercial structures into residential or noncommercial property and includes any of the above activities performed under emergency conditions. Under the New Jersey home improvement regulations, "Home improvement contract" means an oral or written agreement between a seller and an owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements under which the seller is to perform labor or render services for home improvements, or furnish materials in connection therewith. The New Jersey home improvement regulations apply to "residential or non-commercial property" which means a structure used, in whole or in substantial part, as a home or place of residence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it is situated and which is devoted to the residential use of the structure, and includes all appurtenant structures. The sellers and sales representatives of New Jersey home improvements may be liable for New Jersey consumer fraud under New Jersey home improvement regulations. Under the New Jersey home improvement regulations, sales representative" means a person employed by or contracting with a seller for the purpose of selling home improvements. Under the New Jersey home improvement regulations, "Seller" means a person engaged in the business of making or selling home improvements and includes corporations, partnerships, associations and any other form of business organization or entity, and their officers, representatives, agents and employees. Except for certain persons exempted by the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act, any person who advertises in print or puts out any sign or card or other device on or after December 31, 2005, which would indicate to the public that he is a contractor in New Jersey, or who causes his name or business name to be included in a classified advertisement or directory in New Jersey on or after December 31, 2005, under a classification for home improvements covered by the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act, is subject to the provisions of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act. This section shall not be construed to apply to simple residential alphabetical listings in standard telephone directories. The provisions of the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act shall apply to any person engaging in any of the activities regulated by the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act in this State, including persons whose residence or principal place of business is located outside of this State.

BASIC NEW JERSEY HOME REPAIR FRAUD EXAMPLES
The following New Jersey home repair fraud examples involve situations in which New Jersey home repair contractors were potentially liable for New Jersey home repair fraud:
• landscaping services.
• cleaning & restoration services, such as fire or flood mitigation work.
• manager of real estate investment & management companies who: (1) located properties for companies to purchase; (2) oversaw renovations; (3) hired subcontractors; & (4) managed the company’s rental properties.
• contractor other than home builder in direct privity with homeowner.
• contractor claiming homeowners acted as their own general contractor, when the contractor: (1) prepared the contract between the parties; (2) agreed to perform New Jersey home improvements at the homeowners’ residence; (3) was listed as “Contractor” & indicated that contractor would “furnish all materials & necessary equipment & perform all labor necessary to complete the ... work;” & (4) “precluded ‘any alteration or deviation from the plans & specification’ without written orders for same.”
• unoccupied property having both residential & commercial uses.
• Homeowner contracting directly with building contractor to perform a New Jersey home improvement, without engaging the services of a general contractor.

MORE DETAILED NEW JERSEY HOME REPAIR FRAUD EXAMPLES
The following are more detailed New Jersey home repair fraud examples of New Jersey home repair fraud cases:

• Attorney’s fees awarded against New Jersey home repair contractor for failing to include start and completion dates in contract – A New Jersey home repair contractor’s contract with New Jersey homeowners for the renovation of a Victorian home failed to set forth the work start and completion dates. The New Jersey home repair job that began in late summer could not be finished before winter set in, and a small portion of the work had to be carried over to the following year. The New Jersey court found that failure to set forth starting and completion dates was a violation of the New Jersey Consumer Fraud regulations. Even though the New Jersey court found that the New Jersey homeowners suffered no damages as a result of the information missing in the New Jersey home repair contract, the New Jersey court allowed the New Jersey homeowners to recover an award of reasonable attorneys' fees, filing fees, and reasonable costs of suit.
• Installer of kitchen cabinets in new home can be held responsible for New Jersey Consumer Fraud – New Jersey homeowners hired a general contractor to construct a new home and contracted with a second contractor (the New Jersey home repair contractor) who was not acting as a subcontractor of the general contractor, to install custom kitchen cabinets, interior doors, a front door, and certain moldings at the home. After a dispute arose between the New Jersey homeowners and the New Jersey home repair contractor regarding payment and timing of work, each filed complaints against the other. The New Jersey court concluded that the New Jersey home repair contractor was indeed a “seller” of a “home repair” as defined in home repair regulations and thus, subject to the regulations and to the New Jersey Consumer Fraud Act.
• New Jersey home repair contractor suing New Jersey homeowners faces countersuit and court finds contractor committed New Jersey Consumer Fraud – A New Jersey home repair contractor sued New Jersey homeowners for the balance due on a New Jersey home repair contract and they counterclaimed alleging a New Jersey Consumer Fraud claim. The New Jersey home repair contractor’s complaint for money due for the New Jersey home repairs was dismissed and the New Jersey court found that the New Jersey home repair contractor committed New Jersey Consumer Fraud and awarded the New Jersey homeowners $22,146.14 in treble damages, attorney's fees.
• Landscape irrigation contractor commits New Jersey Consumer Fraud – A landscape irrigation contractor brought a lawsuit against its New Jersey homeowner, seeking the balance due on sprinkler installation contract and the New Jersey home repair New Jersey homeowner counterclaimed, alleging violations of the New Jersey Consumer Fraud Act. The New Jersey court ruled that the New Jersey home repair contractor violated the New Jersey Consumer Fraud Act, was not entitled to enforce the New Jersey home repair contract and had to pay the New Jersey home repair New Jersey homeowner a refund and attorney’s fees. On September 15, 2004, Michael Finnegan, the owner of the company, prepared and presented for signature a document entitled “Irrigation Contract Proposal.” The New Jersey home repair proposal was signed on or about September 29, 2004, by both Finnegan, owner of the New Jersey home repair contractor company and the New Jersey home repair New Jersey homeowner. The New Jersey home repair contract was entered for the purpose of the installation of a sprinkler irrigation system in the New Jersey home repair New Jersey homeowner's back yard. The installation took one day. The New Jersey home repair contract price was $3,500. While the New Jersey home repair contract provided for a deposit of $1,500, the New Jersey home repair New Jersey homeowner only paid a $500 deposit. The New Jersey home repair contract price was reduced by $150. The New Jersey home repair contractor claimed it was because the New Jersey home repair New Jersey homeowner insisted on performing the system connection to the house and the New Jersey home repair New Jersey homeowner says the reduction had nothing to do with the connection, but was simply a negotiated reduction of price. The New Jersey home repair contractor sought $2,850 from the New Jersey home repair New Jersey homeowner. The New Jersey home repair contract was silent as to whether the New Jersey home repair contractor or any of its employees were licensed. The New Jersey home repair New Jersey homeowner was not aware of the requirement for a license or certificate until after the system was installed. The New Jersey home repair New Jersey homeowner did not pay the New Jersey home repair contractor after the system was installed because he believed that the New Jersey home repair contractor did not fulfill the terms of the New Jersey home repair contract. The New Jersey home repair contractor installed five sprinkler zones but the New Jersey home repair New Jersey homeowner interpreted the New Jersey home repair contract as requiring the installation of nine zones. Item 1 under the New Jersey home repair contract stated: “Automatic Controller, Nine Zone LXI plus (Rainbird).” As it turned out, the New Jersey home repair contractor installed an eight-zone Rainbird controller. The controller became an issue in the case. The New Jersey home repair New Jersey homeowner specifically wanted a nine-zone LXI Rainbird brand controller. Rainbird only makes an eight-zone or twelve-zone controller. The distinction between the capacity of the controller and the number of zones actually to be installed was not made clear in the New Jersey home repair contract and was not understood by the New Jersey home repair New Jersey homeowner. On this point, the credibility of Finnegan was severely tested. Finnegan did not testify in his case-in-chief. In fact, he was not present in the New Jersey courtroom to hear his office manager testify. His office manager testified on the first day of the trial that upon learning a nine-zone Rainbird was not even available she ordered the eight-zone controller on her own because it was closest to nine zones. She did it without consulting the New Jersey home repair New Jersey homeowner. She was believable. Finnegan, on the other hand, was somewhat evasive in his testimony. He testified only on rebuttal. To the direct question by the New Jersey court as to who ordered the controller, he said that he did. Finnegan said that he explained to the New Jersey home repair New Jersey homeowner that the controller had to be eight zones and not nine. His testimony on this point was not credible, clearly contradicting his office manager. He also tried to give the impression that he was at the New Jersey home repair New Jersey homeowner's home during most of the installation, but his installer's testimony hardly mentioned his presence. Clearly, Finnegan's testimony lacked credibility. His explanation that the New Jersey home repair contract called for five zones to be installed was based on Item 2 on the form contract, which stated: “Electric Valves with Boxes 4-7.” Finnegan explained that this meant four to seven zones would be installed because each valve is a zone. While it may be true that each zone has electric valves, this explanation is not included in the New Jersey home repair contract. The New Jersey home repair contract is not clear. Next, the New Jersey home repair New Jersey homeowner believed that the system was to provide water to his entire property, including the area on both sides of his driveway. Finnegan said that was not provided for under the New Jersey home repair contract. The New Jersey home repair contract, however, is silent as to the scope of area to which the system would provide water. Thirdly, there was the issue as to who would tie in the system to the house. The New Jersey home repair contract provides that the New Jersey home repair contractor would have that responsibility and would install a new “one-inch ball valve and drain spigot.” It was the New Jersey home repair New Jersey homeowner who actually had another contractor make the final connection. The evidence shows that the New Jersey home repair contractor’s installer tried to make the connection on the far side of the water conditioner, but because of low water pressure the New Jersey home repair New Jersey homeowner had to have a second contractor make the connection on the well side of the water conditioner. The New Jersey home repair contractor states that the New Jersey home repair New Jersey homeowner insisted on the tie-in be on the far side of the water conditioner so that the water would not stain his concrete. New Jersey homeowner denied that. The New Jersey court found that the New Jersey home repair contract called for a nine-zone Rainbird controller, which the defendant wanted and specified. The New Jersey home repair contractor had the obligation not to specify a product that does not exist. He should have informed the New Jersey homeowner in advance of signing the New Jersey home repair contract that such a product as the New Jersey homeowner wanted was not available. In the event that the New Jersey home repair contractor realized that only an eight-zone or twelve-zone controller of that brand was available, a written change order to the New Jersey home repair contract should have been prepared. The New Jersey court noted that the New Jersey home repair contract was prepared by the New Jersey home repair contractor on September 15th and installation did not take place until September 29th, leaving adequate time to renegotiate the New Jersey home repair contract and provide a written change order with the appropriate controller, instead of the nine-zone controller specified in the original contract. The evidence showed that there were two significant changes in the New Jersey home repair contract. The first is, as discussed above, that the controller was changed from a nine-zone to an eight-zone controller. And secondly, there was a change that was testified to by the plaintiff that the connection of the system to the house would no longer be done by the plaintiff as called for in the New Jersey home repair contract. Neither of these two changes was made in writing and thus this constitutes a violation of the regulations. If there had been written changes, the dispute among these parties may never have occurred. In addition, while the New Jersey home repair contract has a starting date, it does not provide for an ending date or a time for performance. The New Jersey home repair contractor, Finnegan, testified that was because the system was installed on the same day as the New Jersey homeowner signed the agreement. The regulations do not provide for such flexibility or discretion for the New Jersey home repair contractor. As the New Jersey home repair contract is written, a contractor could have started the New Jersey home repair job in the morning and left the site not to return until some indefinite period in the future. It is this circumstance, undoubtedly, that the regulations seek to avoid. In summary, the New Jersey court found that the New Jersey home repair contractor violated regulations and thereby violated the New Jersey Consumer Fraud Act. The New Jersey court also found that the New Jersey home repair contractor was a landscape irrigation contractor and no persons employed by the company held the required certificate. The New Jersey home repair contractor conceded these facts as well. The New Jersey home repair New Jersey homeowner argued that the New Jersey home repair contractor, acting contrary to the law undertook an unconscionable and unlawful act by entering into the subject contract contrary to the terms of the New Jersey Consumer Fraud Act and, therefore, that the New Jersey home repair New Jersey homeowner was entitled to a refund. The New Jersey court reasoned that to now permit the New Jersey home repair contractor to enforce the New Jersey home repair contract in the face of the unlawful regulatory violations and its failure to operate with the mandated license and recover the unpaid sums otherwise due would strip the New Jersey Consumer Fraud Act of the gravitas intended by the Legislature as a remedial statute. Accordingly, the New Jersey court dismissed the New Jersey home repair contractor’s complaint.

WHY SHOULD I BE CAREFUL WHEN HIRING A NEW JERSEY HOME IMPROVEMENT CONTRACTOR OR NEW JERSEY HOME REPAIR CONTRACTOR?
New Jersey home improvement contractors must follow the New Jersey Home Improvement Regulations, the New Jersey Home Improvement Contractor Registration Regulations and the New Jersey Contractors’ Registration Act and New Jersey home improvement contracts must often follow the requirements of the New Jersey Home Improvement Regulations, the New Jersey Home Improvement Contractor Registration Regulations and the New Jersey Contractors’ Registration Act. Otherwise, the and New Jersey home improvement contracts violate the New Jersey Consumer Fraud Act. Under the New Jersey Consumer Fraud Act, New Jersey home improvement contract requirements can be quite strict and difficult for a New Jersey home improvement contractor to follow. In fact, most New Jersey home improvement contracts violate the New Jersey Consumer Fraud Act’s New Jersey home improvement contract requirements. Before signing New Jersey home improvement contracts and New Jersey home repair contracts, you should make a New Jersey home improvement contract checklist of your requirements for the New Jersey home improvement contract. New Jersey home improvement contracts and New Jersey home repair contracts can easily cost New Jersey homeowners hundreds of thousands of dollars. However, in many New Jersey home repair Consumer Fraud cases, New Jersey homeowners are careless in selecting and hiring their New Jersey home improvement contractor or New Jersey home repair contractor. The following are reasons for taking special care when selecting and hiring your New Jersey home improvement contractor or New Jersey home repair contractor:
• Most New Jersey home improvement contracts and New Jersey home repair contracts violate New Jersey laws and regulations.
• Many New Jersey home improvement contractors and New Jersey home repair contractors ignore the New Jersey laws and regulations that they are required to follow when dealing with consumers.
• It is very common for New Jersey home improvement contractors and New Jersey home repair contractors to accept deposits, only to abandon a jobsite before the job is complete.
• The workmanship of many New Jersey home improvement contractors and New Jersey home repair contractors is substandard and/or violates municipal code requirements.
• Some New Jersey home improvement contractors and New Jersey home repair contractors live “hand to mouth,” so that they take deposits from you and use them to pay for projects other than yours and mislead you into believing they are using the money you give them to buy materials for your home or to pay for labor being performed on your home.
• It is not uncommon for New Jersey home improvement contractors and New Jersey home repair contractors to let their insurance coverage expire.
• Many New Jersey home improvement contractors and New Jersey home repair contractors quote a customer one price, only to increase the bill at a later time, such as in the middle of the project.
• Many New Jersey home improvement contractors and New Jersey home repair contractors overcharge for permits or promise but fail to secure permits for the work that they perform for New Jersey homeowners, thereby causing violations of municipal codes and/or New Jersey laws.
• Many New Jersey home improvement contractors and New Jersey home repair contractors’ advertisements violate New Jersey laws or regulations.
• Many New Jersey home improvement contractors and New Jersey home repair contractors don’t actually perform the work you hire them to do; instead, they hire subcontractors who may or may not be skilled in home improvement work.
• Many New Jersey home improvement contractors and New Jersey home repair contractors fail to complete New Jersey home improvement contracts and New Jersey home repair contracts on time, leading to a house that is an unfinished nightmare! Imagine being unable to use your kitchen, laundry room or bathrooms because of an incompetent New Jersey home improvement contractor or New Jersey home repair contractor!
• Many New Jersey home improvement contractors and New Jersey home repair contractors fail to order materials so that the New Jersey home improvement project can’t be completed.
• It is not uncommon for New Jersey home improvement contractors and New Jersey home repair contractors to put a lien on your property for failure to pay their bills.
• Failure to dispute a New Jersey home improvement contractor or New Jersey home repair contractor’s bill in timely fashion could result in your having to pay the New Jersey home improvement contractor or New Jersey home repair contractor’s bill as well as their attorney’s fees and court costs that they incur to collect it from you.
• For most people, a home is the greatest single investment. It is reckless to endanger your most important investment by hiring an incompetent New Jersey home improvement contractor or New Jersey home repair contractor.

SHOULD I EXPECT THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR OR NEW JERSEY HOME REPAIR CONTRACTOR’S INSURANCE TO PROTECT ME FROM THE NEW JERSEY HOME IMPROVEMENT CONTRACTOR OR NEW JERSEY HOME REPAIR CONTRACTOR’S MISCONDUCT?
New Jersey law does not force New Jersey home improvement contractors and New Jersey home repair contractors to maintain insurance for all types of claims and insurance companies are unable or unwilling to provide insurance for many types of common claims. Even if the New Jersey home improvement contractor or New Jersey home repair contractor is insured, the insurance company usually does not reimburse New Jersey homeowners for the following misconduct committed by home repair contractors:
• violations of the New Jersey Consumer Fraud Act.
• breaches of contract
• breaches of warranty
Such claims are often the most common claims brought by consumers against New Jersey home improvement contractors and New Jersey home repair contractors. If your New Jersey home improvement contractor or New Jersey home repair contractor runs away with your money or commits New Jersey Consumer Fraud Act violations, do not expect their insurance to cover the damages they cause you.

WHEN MIGHT A NEW JERSEY HOME IMPROVEMENT NOT FALL UNDER THE NEW JERSEY CONSUMER FRAUD ACT?
The New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act shall not apply to:

a. Any person required to register pursuant to "The New Home Warranty and Builders' Registration Act," P.L.1977, c.467(C.46:3B-1 et seq.);
b. Any person performing a home improvement upon a residential or non-commercial property he owns, or that is owned by a member of his family, a bona fide charity, or other non-profit organization;
c. Any person regulated by the State as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, or any other person in any other related profession requiring registration, certification, or licensure by the State, who is acting within the scope of practice of his profession;
d. Any person who is employed by a community association or cooperative corporation;
e. Any public utility as defined under R.S.48:2-13;
f. Any person licensed under the provisions of section 16 of P.L.1960, c.41 (C.17:16C-77); and
g. Any home improvement retailer with a net worth of more than $50,000,000, or employee of that retailer.

THE DIFFERENT TYPES OF NEW JERSEY HOME REPAIR FRAUD
Every New Jersey home repair fraud essentially consists of one party 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 repair fraud: (1) New Jersey common law legal fraud in New Jersey home repairs; (2) New Jersey equitable fraud in New Jersey home repairs; and (3) New Jersey consumer fraud in New Jersey home repairs.

WHAT IS COMMON LAW LEGAL NEW JERSEY HOME REPAIR FRAUD?
Many people ask what is New Jersey home repair fraud under New Jersey common law legal fraud. “Common law New Jersey home repair fraud” is a term for the type of New Jersey home repair fraud that New Jersey Courts have recognized over time in the courts’ written decisions called “case law. New Jersey home repair fraud examples are many in number. Common law New Jersey home repair fraud occurs when a New Jersey home repair contractor, New Jersey home improvement contractor or New Jersey seller of New Jersey home improvements:
• represents a past or present fact as true when it is in fact false;
• with the intent to deceive the victim to whom the representation is made;
• the New Jersey home repair fraud victim believes the representation to be true and acts or refrains from acting in justifiable reliance upon the representation; and
• the New Jersey home repair fraud victim suffers damage as a result of the other person’s misconduct.

WHAT IS EQUITABLE NEW JERSEY HOME REPAIR FRAUD?
Many people ask what is New Jersey home repair fraud under New Jersey equitable fraud. “Equitable New Jersey home repair fraud” is different from legal New Jersey home repair fraud because the victim of the New Jersey home repair fraud seeks equitable relief -- relief originating in the doctrine of fairness rather than merely seeking to recover money for misconduct. Equitable New Jersey home repair fraud occurs when a New Jersey home repair contractor or New Jersey home improvement contractor or the seller of New Jersey home improvement services:
• represents a past or present fact as true when it is in fact false;
• the New Jersey home repair fraud victim believes the representation to be true and acts or refrains from acting in justifiable reliance upon the representation; and
• the New Jersey home repair fraud victim suffers damage as a result of the other person’s misconduct.

HOW DO I RECOVER DAMAGES UNDER THE NEW JERSEY CONSUMER FRAUD ACT FOR NEW JERSEY HOME REPAIR FRAUD?
A New Jersey homeowner or customer who is able to prove that a New Jersey home repair contractor, New Jersey home improvement contractor or the seller of New Jersey home improvement 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 consumer fraud 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 IMPROVEMENT CONTRACTOR TRIES TO COLLECT A HOME REPAIR CONTRACT BILL THAT IS THE PRODUCT OF CONSUMER FRAUD?
In the typical New Jersey home repair breach of contract case that does not involve New Jersey consumer fraud, where a New Jersey homeowner prevents a New Jersey home repair contractor from completing the contracted work under the New Jersey home repair contract, the New Jersey home repair contractor may be entitled to recover legal damages. But if a New Jersey home repair contract violates the New Jersey Consumer Fraud Act, violates the New Jersey Home Improvement Regulations or violates the New Jersey Home Improvement Contractor Law, also known as the New Jersey Contractor’s Registration Act, so as to make the New Jersey home improvement contract unenforceable, the New Jersey home repair contract may be prevented from collecting some or even all of the unpaid New Jersey home repair contract bill. Consult with a New Jersey lawyer to find out if you qualify for that type of relief against a New Jersey home repair contractor.
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