Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Home Sale Fraud Information

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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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 FRAUD CASES

TYPES OF NEW JERSEY HOME SALE FRAUD CASES
There are many types of New Jersey home sale fraud cases, such as:
• New Jersey builder fraud cases – a New Jersey builder commits fraud when selling a newly built New Jersey home
• New Jersey real estate broker fraud cases – a New Jersey real estate broker commits fraud when serving as a New Jersey buyer’s broker, New Jersey seller’s broker or New Jersey disclosed dual agent
• New Jersey real estate agent fraud cases - a New Jersey real estate broker commits fraud when serving as a New Jersey buyer’s agent, New Jersey seller’s agent or New Jersey disclosed dual agent
• New Jersey real estate investment companies and New Jersey real estate management companies
• New Jersey architects
• New Jersey private seller fraud cases – a New Jersey unprofessional seller of a New Jersey home (usually a preowned New Jersey home / used New Jersey home) commits New Jersey fraud when selling their New Jersey home.

Some of these New Jersey home sale fraud cases involve violations of the New Jersey Consumer Fraud Act, while other New Jersey home sale fraud cases involve New Jersey common law fraud violations.

The New Jersey Consumer Fraud Act is a consumer protection law that states:

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;
provided, however, that nothing herein contained shall apply to the owner or
publisher of newspapers, magazines, publications or printed matter wherein
such advertisement appears, or to the owner or operator of a radio or
television station which disseminates such advertisement when the owner,
publisher, or operator has no knowledge of the intent, design or purpose of the advertiser.

The New Jersey Consumer Fraud Act provides strong remedies for New Jersey home sale fraud victims that prove they were victims of New Jersey Consumer Fraud Act violations, stating:

Any person who suffers any ascertainable loss of moneys or property,
real or personal, as a result of the use or employment by another person of
any method, act, or practice declared unlawful under this act or the act
hereby amended and supplemented may bring an action or assert a
counterclaim therefor in any court of competent jurisdiction. In any action
under this section the court shall, in addition to any other appropriate legal
or equitable relief, award threefold the damages sustained by any person in
interest. In all actions under this section, including those brought by the
Attorney General, the court shall also award reasonable attorneys' fees, filing
fees and reasonable costs of suit.

Any person violating the provisions of the within act shall be liable for
a refund of all moneys acquired by means of any practice declared herein to
be unlawful.

The refund of moneys herein provided for may be recovered in a
private action or by such persons authorized to initiate actions pursuant to
P.L.1975, c. 376 (C. 40:23-6.47 et seq.).

New Jersey legal fraud is a type of claim that developed by New Jersey judges’ decisions in various New Jersey cases over the course of time. New Jersey fraud may be either actual or constructive. For example, silence in the face of an obligation to speak may be New Jersey fraud. If a New Jersey fraud defendant deliberately makes false representations intending that they be communicated
to others for the purpose of inducing reliance, the reliance element of the New Jersey common law fraud claim may be satisfied by proof of indirect reliance by a New Jersey home buyer. Also, a person or business committing New Jersey fraud cannot normally defend themselves by alleging that the New Jersey fraud victim should have been more careful or wiser.

New Jersey legal fraud requires the New Jersey home buyer to prove five elements through clear and convincing evidence: (1) a material representation by the New Jersey defendant of a presently existing or past fact; (2) knowledge or belief by the New Jersey defendant of its falsity; (3) an intent that the plaintiff rely upon it; (4) reasonable reliance by the New Jersey home buyer; and (5) resulting damage to the New Jersey home buyer.

NEW JERSEY HOME SALE FRAUD CASES AGAINST NEW JERSEY BUILDERS AND NEW JERSEY DEVELOPERS
New Jersey builders of new homes and New Jersey developers involved in the sale of New Jersey homes may be liable for violations of the New Jersey Consumer Fraud Act or New Jersey common law fraud.

The following are examples of New Jersey consumer fraud cases involving New Jersey builders or New Jersey developers:
• In 1988 and early 1989, five families purchased New Jersey homes in a Montgomery Township development from a New Jersey builder at contract prices ranging from $330,000 to $430,000. Two of the contracts specified a model by name; three specified an area size by square footage, with either "custom" or "architectural" design. The New Jersey home buyers alleged that, after taking possession, they discovered serious structural, functional and aesthetic defects in their New Jersey homes.
• A New Jersey developer failed to strictly comply with the requirements of the New Residential Construction Off-Site Conditions Disclosure Act.
• A New Jersey builder’s allegedly false assurances with respect to the slope, backyard space, and cost of the retaining wall that supposedly “lured” the New Jersey purchasers into purchasing the New Jersey house.
• A New Jersey builder of a New Jersey home allegedly failed to disclose off-site physical conditions known to the builder but not readily observable by the New Jersey home buyer which affected the habitability, use, or enjoyment of the New Jersey home, making the New Jersey home substantially less desirable or valuable to the objectively reasonable New Jersey buyer.
• A New Jersey jury awarded New Jersey home buyers $180,000 in contractual damages arising out of their purchase of a New Jersey home from a New Jersey builder.
• New Jersey builders of a New Jersey house and its retaining wall told the New Jersey purchaser that house was well-built with good materials and after purchase, the purchaser noticed that the driveway gates of the New Jersey home were uneven and that the retaining wall was leaning. Inspection thereafter resulted in the collapse of the wall and disclosure that a seepage pit shown on the plot plan (the pit being to assist in drainage) had not been built and that the wall was built with materials different from those specified in the plan.
• New Jersey home purchaser bought a new home in a seaside city. A New Jersey builder built the New Jersey home on a narrow peninsula bordered by a harbor and basin. After closing, seawater entered the New Jersey home’s garage on two occasions and the street numerous times.
• New Jersey home purchasers who received oral or written representations concerning the New Jersey homes’ allegedly defective windows could pursue New Jersey Consumer Fraud Act claims against the New Jersey builder.

NEW JERSEY HOME SALE FRAUD CASES AGAINST NEW JERSEY REAL ESTATE BROKERS AND NEW JERSEY REAL ESTATE AGENTS
New Jersey real estate brokers and New Jersey real estate agents may be liable for New Jersey home sale fraud involving violations of the New Jersey Consumer Fraud Act and common law fraud in New Jersey home sales.

The following are examples of New Jersey consumer fraud cases involving New Jersey real estate brokers and/or New Jersey developers:
• A New Jersey real estate broker representing a New Jersey builder of New Jersey homes allegedly failing to disclose off-site physical conditions known to the New Jersey builder and not readily observable by the New Jersey home buyer which made the New Jersey home much desirable or valuable to an objectively reasonable New Jersey buyer.
• The New Jersey real estate agent of a New Jersey developer was liable for the developer’s affirmative misrepresentations to New Jersey home buyers where the New Jersey real estate agent never verified the information provided by the New Jersey developer.
• A New Jersey realtor described an inexperienced New Jersey builder who had a history of poor workmanship as having built hundreds of homes and being one of the best New Jersey builders and noted for his attention to detail and craftsmanship
• A New Jersey real estate agent allegedly failed correct a statement by the New Jersey seller that there had been no leaks or problems with the New Jersey home’s roof or ceiling, when in fact prior roof repairs were performed to the New Jersey home.
• A New Jersey real estate agent allegedly characterized a New Jersey home’s termite infestation as “minimal” while another New Jersey agent described the New Jersey home as “riddled” with termites and the first New Jersey real estate agent allegedly had knowledge of the second New Jersey real estate agent’s statement.
• A New Jersey real estate broker’s alleged misrepresentation about the neighborhood in which a New Jersey house is located.

NEW JERSEY HOME SALE FRAUD CASES AGAINST NEW JERSEY ARCHITECTS
In certain circumstances, New Jersey home buyers may bring New Jersey Consumer Fraud Act cases against New Jersey architects. For example, if a New Jersey architect is either a principal or a
retained professional in a New Jersey real estate marketing venture in which the New Jersey architect permits their services to be held out as part of the sale of a New Jersey home or provided to influence New Jersey home buyers to enter into contracts or to maintain contractual relationships, the New Jersey architect could be liable for New Jersey Consumer Fraud Act violations involved in the New Jersey home’s advertising or New Jersey home’s sale.

NEW JERSEY HOME FRAUD SALE CASES INVOLVING NEW JERSEY UNPROFESSIONAL SELLERS OF NEW JERSEY HOMES
Unprofessional New Jersey sellers of New Jersey homes may be liable for New Jersey common law fraud when selling New Jersey homes. There is a common legal saying “let the buyer beware” but New Jersey home buyers are not necessarily automatically stopped from bringing New Jersey common law fraud lawsuits against New Jersey home sellers on the grounds that the New Jersey home buyers didn’t take all the precautions possible before buying a New Jersey home or because once they buy a New Jersey home it is too late to bring a New Jersey common law fraud case. The following are examples of New Jersey home sale fraud cases brought against unprofessional New Jersey sellers of New Jersey homes:
• New Jersey home buyers purchased a New Jersey home infested with termites and carpenter ants located in the interior trim in the garage and in the siding of the New Jersey house.
• New Jersey home buyers purchased a New Jersey home and alleged that the New Jersey sellers committed fraud by failing to reveal that the New Jersey home was severely constrained by wetlands.
• New Jersey home buyers purchased a four-unit residential property in Atlantic City. No Certificate of Land Use was produced by the New Jersey home seller at the time of closing. The New Jersey home buyers nevertheless closed title to the property and thereafter, the New Jersey home buyers were charged with violating the Atlantic City Zoning Ordinance for failing to receive an approved Certificate of Land Use for the four units.

IF I PERFORMED AN INVESTIGATION OF THE NEW JERSEY HOME BEFORE SALE, AM I UNABLE TO PURSUE A NEW JERSEY HOME SALE FRAUD CLAIM?
Even if you had a New Jersey home inspector perform a New Jersey home inspection of your New Jersey home or hired an attorney to represent you at your New Jersey home sale closing, that does not automatically prevent you from recovering damages for New Jersey home sale fraud. An independent investigation of a New Jersey home by a New Jersey buyer’s own inspector or of a builder’s qualifications or representation of the buyer by counsel at closing shall not always stop a New Jersey Consumer Fraud Act case. In the following New Jersey Consumer Fraud cases, New Jersey real estate brokers, New Jersey real estate agents and New Jersey real estate salespeople faced potential liability for New Jersey Consumer Fraud affirmative misrepresentations or New Jersey Consumer Fraud omissions even where the New Jersey home purchasers conducted an independent investigation of some kind or were represented by a New Jersey attorney at their New Jersey home closing:
• In a New Jersey fraud lawsuit involving responsibility for repair of a dam that has a foundation resting, in part, on two New Jersey home properties, responsibility for the dam became an issue in 2004, when the New Jersey Department of Environmental Protection (DEP) directed the New Jersey home purchaser to submit for its approval plans to remove or repair and maintain the dam. Plaintiffs brought a New Jersey consumer fraud case against their New Jersey realtors, claiming that until DEP contacted the New Jersey home purchasers, they didn’t know the dam was on their New Jersey property or that they had any responsibility for it.
• In a New Jersey consumer fraud case involving a termite infested New Jersey home, the New Jersey home purchasers hired a termite inspector.
• In a New Jersey consumer fraud case involving the construction and sale of a new New Jersey home, the New Jersey home buyers conducted their own investigation of a New Jersey builder before agreeing to buy one of New Jersey builder’s homes.

NEW JERSEY CONSUMER FRAUD CASES INVOVING REAL ESTATE INVESTMENT COMPANIES AND NEW JERSEY REAL ESTATE MANAGEMENT COMPANIES
The New Jersey Consumer Fraud Act applies to New Jersey real estate investment companies and New Jersey management companies.

The following are examples of New Jersey Consumer Fraud Act cases involving New Jersey real estate investment companies and/or New Jersey management companies:

• A New Jersey party loses a bidding process for New Jersey real estate, claiming that the process was infected with fraudulent conduct that included violations of the New Jersey Consumer Fraud Act.
• A business selling a timeshare exchange system—a points exchange program –allegedly commits violations of the New Jersey Consumer Fraud Act through fraudulent rental, sales and promotional practices.
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