If they did not get the report, then all you have to show is that they made the representation to you that the tenant had no criminal history that would disqualify them.
You wrote :
My understanding of what you are saying is that the agent represented that they were credit worthy, which turned out not to be true. The agent is supposed to do some due diligence on the application and should not simply rely on the statements made by the applicant. This is true where the agent's job is to bring you credit worthy tenants.Yes they promissed they will do credit and income check and it turns out theyb were under obligation by virtue of the N.J.A.C. 11:5-6.4(b). THat is a law, correct? Regarless of what they promissed and wheather i can priove it? So her statement "i know they will be excellent tenants" was to induce me to execute a contract, in fact a guarantee - is that the argument i can make? She was making it to accomodate her explicit primise (which i cant prove that she made it, only by virtue that she requested the data from tenants) and to accomdate law that required her to verify finacial information - where is the flaw in this argument?
(b) Every licensee shall make reasonable effort to ascertain all material information concerning the physical
condition of every property for which he or she accepts an agency or which he or she is retained to market as a
transaction broker, and concerning the financial qualifications of every person for whom he or she submits an offer to
his or her client or principal. Information about social conditions and psychological impairments
So it seems only testimony would be a proof that there was fraud if she admits it? What might be the questions that i might use to lead her into the corner of admitting that she in fact did not know something to be true and made the statmeen reckloessly? I understand that that would still be classified as fraudulent, correct?
I understand that i have to in details provide that i used simple public records check and found that information provided was counterfeited, forgedm correct? Here is how i do that - do you see any issue/questions from the judge on this challengin this? Should i make it with copies of the google searches, NJ business tregistration site search results:?
If you were the judge how would you challenge that argument taht proves that had she done any reasonable simple check she would ahve disovered what i have?
Here is my violation of the consumer fraud act claim. Do you see any issues or any red flags or anythying like that? I know its a little lonmg and i understand its not formal or advice, etc, but do you see any red flags right away?
COUNT FOUR - VIOLATION OF THE NEW JERSEY CONSUMER FRAUD ACT, N.J.S.A. 56:8-1 to -20
WHEREFORE, Plaintiff prays this Honorable Court enter Judgment in his favor and as against Defendants in the amount of $250,000.
Hi i asked this question bfore - understnad that youwere on vacaion -m would you consider answearing my questions? Thanks so much
I have several endings - pleas for releif. Which one do you like the most and why? Which one might be more persuasive for a judge and jury? Anything i missed to state in any of them? Thanks.
WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in his favor and against Defendants in the amount of $250,000.
Defendants’ breach of their contractual duties cost the Plaintiff more than 36,000 in damages in repairs, broken and missing art and furniture, lost rent, unearned income, as the result of what was formerly his primary residence being rented to large scale drug dealers.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).