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 firstname.lastname@example.org.
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.
WEBSITE USE CONDITIONS AND DISCLAIMER
WARNING! By using this site or downloading any materials from it, you agree to the terms in the Website Use Conditions and Disclaimer. If you do not agree to them, do not use the site and do not download any materials from it! This website is specifically designed only for the use of New Jersey residents. The information contained in this website should not be deemed to apply in any state other than New Jersey. This website should not be construed in any way as an attempt by Paul DePetris to practice law in any state other than New Jersey. This website is not to be considered an offer to provide legal services to anyone and the firm does not intend to create an attorney client relationship by providing the information in this website.
No website is a substitute for competent legal advice regarding the facts of your particular case. If you think you have a case, you should talk to an attorney as soon as possible, as there are time limits within which you may be required to file a lawsuit or make a claim. This website is not intended to provide examples of all the remedies that may be available to you under any applicable state and/or federal laws, nor is it intended to explain every detail of the laws or their interpretations by courts of relevant jurisdictions. No lawyer or law firm can guarantee in advance the results of any potential case or claim. The Law Office of Paul DePetris does not claim to have expertise in automotive repairs, car sales or car purchases/leases or any other non-legal goods or services.
The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not been amended, repealed or superseded by other federal or state law. The New Jersey Statutes, United States Statutes, New Jersey Administrative Code and Federal Code in this database are not annotated. Accordingly, this database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid. Further, effective dates of the laws are not necessarily included in the database. Accordingly, you should not rely upon the laws contained in this database for any purpose and before taking any legal measures, you instead should read all applicable federal and state source law and case law and consult with an attorney for any changes in the laws.
The Law Office of Paul DePetris does not guarantee or warrant or assume responsibility for the accuracy or completeness of the information contained on this website. This site shall not be used or relied upon by any person as a substitute for competent legal advice by an attorney admitted to practice law in the appropriate jurisdiction, to information contained in federal or state statute books of official reporters or the interpretation of such statutes by courts of competent jurisdictions.
The information in this website is provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or noninfringement of third party rights. The Law Office of Paul DePetris shall not be liable to any person for any special, indirect or consequential damages relating to this material.
IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise.
All rights reserved. The Law Office of Paul DePetris reserves any rights not expressly granted herein. Further, the Law Office of Paul DePetris has not granted any license to any intellectual property, under any patents, copyrights, trademarks or trade secret information. The text, images and files and their arrangement on this site are subject to copyright and/or other intellectual property protection.
Other than the use described in this Disclaimer, no other use, copying or transmission, in whole or in part, of any of the material on this website may be made without the express prior written permission of the Law Office of Paul DePetris. This permission to use the site and its contents is a license and is not to be construed as a transfer of title. Any visitor to this website may download, copy or transmit any portion of the material in these pages for informational and noncommercial personal purposes only and subject to the following restrictions: (1) you may not modify or alter the material or remove the firm’s name or any trademark, copyright or other proprietary notices from the material; (2) you may not use the material for any commercial purpose, any public display or any performance; (3) you may not distribute or transfer the material to any other person; and (4) you must prevent any unauthorized copying of the material.
Any issues involving this site shall be governed by the laws of the State of New Jersey and anybody using this site agrees that any lawsuit pertaining to this website in any way shall be litigated in State or Federal Court in New Jersey.
The information on this website is legal advertising and is not to be considered legal advice. If you have already hired or are represented by an attorney, you should disregard the information on this website. Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If this website is inaccurate or misleading, report same to the Committee on Attorney Advertising, Hughes Justice Complex, CN 037, Trenton, New Jersey 08625.