Law Office Of Paul DePetris
paul@newjerseylemon.com

Real Estate Fraud

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of the statutes, rules, codes, files or forms, that they lack typographical errors or that they have not changed, repealed or superseded by other federal or state law. This database may include laws that: (1) never became operable due to unmet conditions; (2) expired; (3) were repealed or amended; (4) were declared void by a court of law; (5) or are otherwise invalid.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

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.

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 Bergen County New Jersey Burlington County New Jersey Camden County New Jersey
Cape May County New Jersey Cumberland County New Jersey Essex County New Jersey Gloucester County New Jersey
Hudson County New Jersey Mercer County New Jersey Middlesex County New Jersey Monmouth County New Jersey
Morris County New Jersey Ocean County New Jersey Passaic County New Jersey Salem County New Jersey
Somerset County New Jersey Sussex County New Jersey Union County New Jersey Warren County New Jersey

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 Hunterdon 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.
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