Law Office Of Paul DePetris
paul@newjerseylemon.com

New Jersey Real Estate Consumer Fraud Facts

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

WHAT IS NEW JERSEY REAL ESTATE FRAUD?
New Jersey Consumer Fraud occurs in a wide variety of situations involving New Jersey real estate contracts. The New Jersey Consumer Fraud Act expressly includes New Jersey real estate transactions within its scope. The New Jersey Consumer Fraud Act explains that it applies to 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 New Jersey real estate or with the person’s subsequent performance regardless of whether any person has in fact been misled, deceived or damaged. The New Jersey Consumer Fraud Act is broad enough to include the activities of New Jersey residential landlords, New Jersey real estate brokers, New Jersey real estate agents, New Jersey real estate New Jersey home developers and the like. In New Jersey residential New Jersey real estate purchases, the New Jersey Consumer Fraud Act serves to protect many people in what is the greatest single purchase of their lifetime.

DOES THE NEW JERSEY CONSUMER FRAUD ACT APPLY TO COMMERCIAL NEW JERSEY REAL ESTATE PURCHASES?
It is unlikely that the New Jersey purchase of a hotel is covered by the New Jersey Consumer Fraud Act.

DOES THE NEW JERSEY CONSUMER FRAUD ACT APPLY TO NEW JERSEY RESIDENTIAL APARTMENT RENTALS?
In certain situations, New Jersey professional landlords may be held liable for New Jersey Consumer Fraud. The following are situations where a New Jersey professional landlord could be found responsible for violating the New Jersey Consumer Fraud Act:
• Using fraudulent practices to deceive a New Jersey tenant to sign a New Jersey lease.
• Fraudulently ending an ongoing New Jersey tenancy.
• Raising a New Jersey tenant's rent above rates set by applicable municipal rent control ordinances.

DOES THE NEW JERSEY CONSUMER FRAUD ACT APPLY TO NEW JERSEY HOMEOWNERS WHO SELL THEIR OWN NEW JERSEY HOME?
If a New Jersey homeowner sells their own New Jersey home and they don’t sell New Jersey real estate frequently to make a profit, the New Jersey Consumer Fraud Act does not apply to the sale.

DOES THE NEW JERSEY CONSUMER FRAUD ACT APPLY TO CONDOMINIUM SALES?
If New Jersey sellers and marketers of condominium units commit fraud, they can be held responsible for violations of the New Jersey Consumer Fraud Act.

DOES THE NEW JERSEY CONSUMER FRAUD ACT APPLY WHEN BANKS SELL NEW JERSEY REAL ESTATE TO MAKE A PROFIT?
If a bank sells New Jersey real estate to make a profit, they can be held responsible if they violate the New Jersey Consumer Fraud Act.

DOES THE NEW JERSEY CONSUMER FRAUD ACT APPLY TO NEW JERSEY REAL ESTATE BROKERS AND NEW JERSEY REAL ESTATE AGENTS?
The New Jersey Consumer Fraud Act applies to New Jersey real estate brokers and New Jersey real estate agents. New Jersey real estate brokers and New Jersey real estate agents may violate the New Jersey Consumer Fraud Act if they fail to tell a New Jersey buyer about a defect that they know about but not readily observable to the New Jersey buyer if the broker intentionally concealed the information intending for the New Jersey buyer to rely on the concealment and the information is material to the sale. New Jersey real estate brokers and New Jersey real estate agents may violate the New Jersey Consumer Fraud Act if they engage in affirmative misrepresentations or knowingly omit information about the New Jersey home, even if the New Jersey buyer hired their own inspector.

In certain situations, New Jersey real estate brokers and New Jersey real estate agents can avoid violations of the New Jersey Consumer Fraud Act, such as where they have no actual knowledge that the information they provide is false, misleading or deceptive and they make a reasonable and diligent inquiry to find out if the information they provide is false, misleading or deceptive.

New Jersey real estate brokers and New Jersey real estate agents may violate the New Jersey Consumer Fraud Act when representing New Jersey home builders and New Jersey home developers in New Jersey real estate sales, such as where the New Jersey real estate brokers and New Jersey real estate agents give inaccurate information to New Jersey buyers about workmanship or fail to warn New Jersey buyers about certain facts

DOES THE NEW JERSEY CONSUMER FRAUD ACT APPLY TO NEW JERSEY HOME BUILDERS & NEW JERSEY HOME DEVELOPERS?
In certain situations, New Jersey home builders and New Jersey home developers may be held responsible for violating the New Jersey Consumer Fraud Act. For example, if a New Jersey home developer takes a deposit to build a new New Jersey home and never begins construction nor returns the deposit, the developer may be responsible for violating the New Jersey Consumer Fraud Act. But there are also ways for New Jersey home builders and New Jersey home developers to avoid responsibility for New Jersey Consumer Fraud Act violations. For example, if New Jersey home builders and New Jersey home developers follow New Jersey laws about the disclosure of conditions outside the development, the New Jersey home builders and New Jersey home developers could avoid responsibility for New Jersey Consumer Fraud.

DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY REAL ESTATE NEW JERSEY CONSUMER FRAUD DISPUTES?
Yes. Paul DePetris has performed the following tasks:
• represented New Jersey buyers, New Jersey sellers, New Jersey home inspectors, New Jersey real estate brokers and New Jersey real estate agents in New Jersey real estate disputes.
• handled New Jersey Consumer Fraud Act New Jersey real estate disputes.
• prepared New Jersey complaints against New Jersey real estate brokers and New Jersey real estate agents.
• appeared in New Jersey court in cases involving New Jersey real estate disputes.


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