And that probably means that its a long and tedious process of many discovery sessinos, depositions, etc, right? How many hours and time per month would I expect to devoute to this case during that period? And if the tral starts - is it a daily session or can drug for many days>?
Do you think out of N.J.A.C. 11:5-6.4(b) an implied warrantee arises for the recomendation?
Here is how i alledge it - does that make sense? COUNT THREE - BREACH OF IMPLIED WARRANTEE OF FITNESS53. During the representation of Plaintiff as listing real estate brokers, the Defendants under N.J.A.C. 11:5-6.4 had a duty to (b) to make a reasonable effort to ascertain material information that includes financial qualifications of every person for whom they would submit an offer to the Plaintiff, and to disclose to Plaintiff any material facts about the perspective tenants' financial condition that might have affected the Plaintiff's decision to execute the transaction.54. Under N.J.A.C. 11:5-6.4 (b) the Defendants, upon execution of a contract with the Plaintiff to represent him as real estate broker, assumed an implied warrantee of fitness for the tenants they recommend for the Plaintiff specific purpose of finding good financially strong tenants which was communicated to the Defendants. 55. The Plaintiff communicated and the Defendants were fully aware that the Plaintiff had a specific purpose to find only good, financially strong tenants, and was relying on the Defendants to provide such tenants. 56. Defendants breached their implied warrantee under N.J.A.C. 11:5-6.4 (b) a) by failing to request and ascertain credit report of the second applicant tenant Ortiz; b) by failing to make reasonable efforts to ascertain employment and income information of applicant tenants Negron and Ortiz (w-2, paystubs); c) by accepting employment documents that were fraudulent; d) by failing to run or request a credit report on tenant Negron; e) by recommending the tenants to the Plaintiff that did not fit the purpose described by the Plaintiff; and f) by otherwise being completely derelict in their ethical and professional obligations owed to Plaintiff as real estate brokers licensed in New Jersey. 57. Plaintiff contacted the Defendants right after it was discovered that the tenants were operating an illegal drug laboratory, and the Defendants denied any wrongdoing, refused to accept any responsibility for what happened, refused to return their portion of the commission Plaintiff had paid them, refused to help the Plaintiff in any way whatsoever. 58. As a direct and proximate result of the Defendants' breaches oftheir implied warrantee under N.J.A.C. 11:5-6.4, the Plaintiff experienced actual losses and damages to his property in the amount of $36,000 in repairs, damages in broken art and furniture, damages to his reputation and standing in his community.WHEREFORE, Plaintiff prays this Honorable Court to enter Judgment in his favor and as against Defendants.Does this sound reasonable and complete for the elements of the case i would have to prove? Does N.J.A.C. 11:5-6.4 in fact creates a implied duty?i also found this: https://www.judiciary.state.nj.us/civil/charges/4.22.pdfThis is a commentary/guidance to the judge as to how to decide in cases of breaches of implied warrantees. The laws that are referenced there: N.J.S.A. 12A:2-315 and 12A:2-607. Note that the above charge deals with fitness for a particular purpose. So my implied warrantee is N.J.A.C. 11:5-6.4 or the implied warrantee under N.J.S.A. 12A:2-315 and 12A:2-607 that the judge note refferes to?Does it look reasonable to you?
is there a case number XXXXX name, please?
I also found these:
here is the case!
However this is an unpublished case. But its one to one wiht mine. I cant reference it wiht a sitation, coprrect? as precedent?
If i cant - how can i obtian the complaint copy? Is there anyway to get a copy or to request a copy of that?
unfortuantely i have no ability to see where it was filed - all i have is the analysis summary, but no other informatino - is it possible to take a look at what court it was filed and wheather it has an online database?
Do i site a case anywhere in the complaint - the one that you found? Os are those not at all for publication? and i cant site it?
I am alleging a breach of fiduciary duty, consumer fraud act, etc - do you feel i still need or it would be an overkill? I also want to bring the consumer frad act. What would be the advantages or disadvantage for it? Do you feel the comaints with many casuse of action make sense and better acceoted by the court or the complaints wiht lower number of causes of actions? How will the jury perciieve it?
So in will have to elect?? I thought i am just showing my proof - like th reciepts, contacts, etc, and the other party may scrutinize that and then the judge or jury selects it. If my damages are 37k - i assume that is the minimum i am gonna ask and the election of the tototal is not up to a plaintiff??
BTW how hard and who might scrutinize my damages - might they request that the estimators testify?
How is this one - this one is for the fraudulent misrep. it comes right after the consumer fraud act. Would you strucutre your causes of actions as from the easiet to the strongest? i ahve breach of fiduciary, breach of contract, breach of warrantee of reasonable service, cfa vilaotion and then farudulent misrep.
COUNT FIVE - FRUDULENT MISREPRESENTATION
WHEREFORE, Plaintiff prays this Honorable Court enter Judgment in his favor and as against Defendants.
Paragraphs 7-10 are my key argument here - does that sound logical or its bunch of guesses and arguments that cant be supoprted? That gamble for that had an positive expected outcome, however they lost wiht my money and property. Should i remove the fraudulent misrep at all? I have a proof that they wrote an email that the tenatns are excellent, and a proof that they ahve not even attempted to verify then info. All of the staff submitted is fake. Its also a serious charge to file, i think -are there any considerations?
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