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Zachary
Zachary, Attorney
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So instead of writing the details of the infromation i checked

Customer Question

So instead of writing the details of the infromation i checked it seems, if i understand you correctly, t only the statement that
Plaintff found alrge discreapncies, errors, omissions and problems wiht the tenants documetns with referenced employers missing, references not checked, etc.
Upon information and beleaif the information provided is forged and counterfeited.

Would that be sufficient for the intial complaint?
Would they move for summary juedgement on the first hearing or the later hearing? How long do you expect this to drag alone - this case i mean, assuming i dont settle wiht them?
Submitted: 11 months ago.
Category: Business Law
Expert:  Zachary replied 11 months ago.
Yes, a statement like that should be sufficient.

Summary judgment may not be initiated until after adequate discovery has been performed. You have the right to go through discovery before that issue may arise.

In terms of how long the case will take, that is completely a matter of what court you end up being placed in, and how busy that court is. Cases in the state level trial courts generally take at least one year to get to trial.
Customer: replied 11 months ago.


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>?

Expert:  Zachary replied 11 months ago.
I really can't answer that question for you. It depends entirely on how much work the other side makes you do (motions and discovery), or how much work you want to devote to the case.

I would anticipate that it will require an average of 20-50 hours per month until the case is resolved.

The trial itself should run on consecutive days until it is finished. How long it will take depends entirely on how many witnesses you want to call. If there is only one witness for each side, it should not take any longer than a day or 2.
Zachary, Attorney
Category: Business Law
Satisfied Customers: 3821
Experience: Internationational Commercial Attorney
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Customer: replied 11 months ago.

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 FITNESS
53. 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 of
their 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.pdf

This 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?


 

Expert:  Zachary replied 11 months ago.
That's interesting. Generally, the implied warranty of fitness concerns goods.

There are no cases which I have found which state that the statute implies this warranty. Rather, I have found a case which states that you could sue for the breach of an implied warranty to furnish the real estate agency services with reasonable care.

You would use the same language in the complaint, but instead of "warranty of fitness" use "warranty to furnish services with reasonable care."

Essentially, this would just be a reconfiguration of a negligence claim, which is one you should definitely be making.
Customer: replied 11 months ago.


is there a case number XXXXX name, please?


 


I also found these:


here is the case!


http://www.meislik.com/cases/hadjiyerou_v_18_briar_hill_road_corp/


 


and this:


http://www.gibbonslaw.com/news_publications/articles.php?action=display_publication&publication_id=900


 


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?

Expert:  Zachary replied 11 months ago.
To find the citable copy of these cases, you will need to visit a law library and look them up in the official reporters. If the case is not reported, it may not be cited as precedent. One of the links you cited to is a only a summary.

The case I found is: Meglio v. Taylor Real Estate, Inc., DOCKET NO. A-1992-05T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, 2006 N.J. Super. Unpub. LEXIS 1552, October 23, 2006, Argued, November 6, 2006, Decided, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. PLEASE CONSULT NEW JERSEY RULE 1:36-3 FOR CITATION OF UNPUBLISHED OPINIONS., Certification denied by Meglio v. Taylor Real Estate, Inc., 189 N.J. 647, 917 A.2d 787, 2007 N.J. LEXIS 260 (2007)


The other cases you will want to look at are:
Lombardi v. Masso, A-28/29 September Term 2010, 066488, SUPREME COURT OF NEW JERSEY, 207 N.J. 517; 25 A.3d 1080; 2011 N.J. LEXIS 929, March 28, 2011, Argued, August 26, 2011, Decided

Reyes v. Egner, A-90 September Term 2008, SUPREME COURT OF NEW JERSEY, 201 N.J. 417; 991 A.2d 216; 2010 N.J. LEXIS 385, October 27, 2009, Argued, April 8, 2010, Decided

Reyes v. Egner, DOCKET NO. A-5977-06T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, 404 N.J. Super. 433; 962 A.2d 542; 2009 N.J. Super. LEXIS 4, October 6, 2008, Argued, January 8, 2009, Decided, Approved for Publication January 8, 2009.Certification granted by Reyes v. Egner, 199 N.J. 130, 970 A.2d 1047, 2009 N.J. LEXIS 488 (2009)Affirmed by Reyes v. Egner, 2010 N.J. LEXIS 385 (N.J., Apr. 8, 2010)

New Jersey Real Estate Comm'n v. Petridis, DOCKET NO. A-5019-09T3, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, 2011 N.J. Super. Unpub. LEXIS 2741, October 12, 2011, Submitted, November 1, 2011, Decided, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. PLEASE CONSULT NEW JERSEY RULE 1:36-3 FOR CITATION OF UNPUBLISHED OPINIONS.

New Jersey Real Estate Comm'n v. Nasir, DOCKET NO. A-0907-06T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, 2008 N.J. Super. Unpub. LEXIS 1425, April 10, 2008, Argued, April 25, 2008, Decided, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. PLEASE CONSULT NEW JERSEY RULE 1:36-3 FOR CITATION OF UNPUBLISHED OPINIONS.

Mazza v. Fed. Home Loan Mortg. Corp., DOCKET NO. A-0413-06T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, 2007 N.J. Super. Unpub. LEXIS 515, September 19, 2007, Submitted, November 1, 2007, Decided, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION. PLEASE CONSULT NEW JERSEY RULE 1:36-3 FOR CITATION OF UNPUBLISHED OPINIONS.

In terms of obtaining a copy of the complaints, you will need to see what court the suit was filed in, and then see if they have an online database of the case filings. If not, the only way to get a copy of the complaint is to go to the actual court house, get the file, pull the complaint and make a copy there.
Zachary, Attorney
Category: Business Law
Satisfied Customers: 3821
Experience: Internationational Commercial Attorney
Zachary and 4 other Business Law Specialists are ready to help you
Customer: replied 11 months ago.


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?

Expert:  Zachary replied 11 months ago.
Unfortunately, I have not been able to locate this case anywhere on line.

Because it is an unpublished opinion, the only place you will be able to actually obtain a copy is to contact the Rutgers Newark School of Law (which acts as a repository). Once you get a copy of the opinion, you will be able find out which lower court it was filed in and get a copy of the complaint by contacting the court clerk.
Zachary, Attorney
Category: Business Law
Satisfied Customers: 3821
Experience: Internationational Commercial Attorney
Zachary and 4 other Business Law Specialists are ready to help you
Customer: replied 11 months ago.


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?


 


 


 

Expert:  Zachary replied 11 months ago.
Hi,

You should bring every possible cause of action that you can. You do not need to cite any case law in your petition/complaint. My opinion is that when the jury sees a large list of claims, they think that the Defendant has really violated the law. Remember, you can only recover once, so after proving the claims, you will have to elect the damage amount that the jury provides in connection with the claim.
Customer: replied 11 months ago.

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?

Expert:  Zachary replied 11 months ago.
Let me clarify what this means.

You are suing for (1) breach of fiduciary duty (2) breach of contract (3) fraud (4) negligent misrepresentation (5) violations of the consumer fraud act, etc.

When the jury answers a question about the claim, it will be asked to assess the damages (i.e., "Did the Defendant breach its fiduciary duty to the Plaintiff. If so, how much damages in money did this cause the Plaintiff). The jury will be asked the damage question for each claim you present at the trial. After the jury has returned a verdict, if it gives you damages on more than one claim, you are required to "elect" which claim you want to recover the damages on (you would of course pick the highest). The reason for this is that each damages on each claim compensates you for what is lost. Since the you can only recover once for what you have lost, you have to pick after a mutliple award in a verdict.
Zachary, Attorney
Category: Business Law
Satisfied Customers: 3821
Experience: Internationational Commercial Attorney
Zachary and 4 other Business Law Specialists are ready to help you
Customer: replied 11 months ago.

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

  1. On or about October 22, 2012 Defendant Mrs. Sanzari made the following representations to Plaintiff:
    1. That she verified credit and employment of tenants Negron and Ortiz and that
    2. These tenants will be "fabulous" and “excellent” tenants.
    3. The representation made by Defendant Mrs. Sanzari, as stated in paragraph 53, above, were in fact false. The true facts were
      1. Mrs. Sanzari did not verify the financial information provided by the tenants Negron and Ortiz and simply assumed that the documents provided by tenants were good and/or relied on the representations made by the tenants' real estate broker that the tenants are good and suitable.
      2. Tenants turned out to be major scale drug dealers and opened a drug laboratory and distribution facility at the Plaintiff's property and significantly damaged the property during its operations.
      3. By misrepresenting that the tenants will be "excellent", Defendants induced the Plaintiff to execute a rental agreement with tenants, so that the Defendants could make the fees on a contract with Plaintiff, no matter what, to the detriment of the Plaintiff.
      4. Plaintiff relied upon those misrepresentations, and executed a lease with the tenants Negron and Ortiz.
      5. Defendants stood to gain compensation ($3600 immediately by a contract with Plaintiff, as well as potential 6% contingent Contract of Sale fee - estimated $36,000 - by a contract of lease - Exhibit 7), and wanted to make those fees, no matter what, without regard to the interest of the Plaintiff.
      6. Plaintiff, at the time defendant made the representations described in paragraph (54), above, was ignorant of the falsity of defendant’s representations and believed them to be true.
      7. Had plaintiff known the actual facts he would not have executed a lease with the tenants.
      8. The defendants, being professional Realtors, knew or should have known that tenants could turn out to be drug dealers.
      9. Defendants intentionally, knowingly, willfully, maliciously, wanted to induce, and did induce the Plaintiff to take on the risk of renting the property to tenants who might have turned out to be drug dealers (and who, in fact, turned out to be drug dealers) by making false and assertive misrepresentation that the tenants information is verified and by false promise that the tenants will be "excellent", and without the Plaintiff consent to take on such risk.
      10. By inducing the Plaintiff to execute the rental contract with unverified tenants, the Defendants, in essence, rationally and deliberately gambled with the Plaintiff's potential losses and property damages that the tenants would not turn out to be drug dealers, (since they knew the probability of that was very small) without agreement from the Plaintiff, and with potential losses to Plaintiff to be significant. The potential gain for Defendants, in this gamble, was their commissions on the contracts (Exhibit 1 and 7), and the potential loss for the Plaintiff's, if the tenants turned out to be drug dealers, was big, but the probability of that loss was minimal and that made the Defendants comfortable in inducing that gamb.
      11. Defendants knew the Plaintiff would act on their false promise that tenants will be "excellent", by executing the rental agreement with tenants (Exhibit 7), because Defendants knew the Plaintiff was looking for excellent tenants.
      12. Misrepresentations in paragraphs (60) were fraudulent, negligent and malicious misrepresentations made without knowledge of the truth and recklessly, with ill will and in bad faith, with intend for the Plaintiff to rely on it, and to induce the Plaintiff to execute the rental contract with tenants and to take on the risk (without the consent from the Plaintiff to take on such risk) that the tenants might become drug dealers, because the Defendants knew and believed that such risk was very small and did not perceive that such risk would materialize.
      13. As the direct and proximate result of his reliance on Defendant Mrs. Sanzari fraudulent misrepresentations, Plaintiff executed a rental agreement with major scale drug dealers who took possession of his former primary residence and in the course of the operations of the drug manufacturing facility destroyed the Plaintiff's property's walls, floors, water pipeline, furniture and art and caused total economic damages to the Plaintiff of over $36,000.
      14. The aforementioned conduct of Defendants was an intentional misrepresentation, or concealment of material facts known to the Defendants, with the intention on the part of the Defendant of making compensation described in paragraph (34), no matter what, and of thereby depriving Plaintiff of property or legal rights, and was despicable conduct that subjected Plaintiff to a cruel and unjust hardship in conscious disregard of Plaintiff’s rights and interests, so as to justify an award of exemplary and punitive damages.

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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