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TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience:  Internationational Commercial Attorney
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ZDNLaw, So i am suying my realtors - i included an agent name

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So i am suying my realtors - i included an agent name - who executed a contract. A prinicpal whom i dealt with after the incident - he is also a hasband of the agent who eecuted a contract with me.
Then on top of that - there are 2 companies. 1. is the company whose address i visityed and its called Appartment and Homes of NJ - Fort lee, Inc. The contract between me and realtros was signed on the location of this company, however on the contractr it simply stated Appartment and Homes of NJ, Inc. both belong to the principal, her hasband and he is a principal of both companies, but the agent-wife who executed a contract on behalf of the Appartment and Homes of NJ, Inc. is only a registered agent of Appartment and Homes of NJ - Fort lee, Inc. She is not listed in the NJ Real esate office as a sales agent of the other one - Appartment and Homes of NJ, Inc. only Appartment and Homes of NJ, - Fort lee Inc.

So i am suing them both. Is that correct? Would you find it reasonable and how would you see as it might hurt me or helpo me - i guess i'd have to serve to both addresses, correct? The address of the Appartment and Homes of NJ, Inc. seems to be home address, not office. Any thoughts?
Submitted: 2 years ago.
Category: Business Law
Expert:  Wendy-Mod replied 2 years ago.

I'm Wendy, and I’m a moderator for this topic. I sent ZDNLaw a message to follow up with you here, when he is back online.

If I can help further, please let me know. Thank you for your continued patience.

Expert:  TexLaw replied 2 years ago.
I think you should sue only those parties against whom you have a claim, or whom are responsible for the claim you have.

In this case, you should sue the company that is named in the contract. If this is "Apartment and Homes of NJ, Inc.", then I do not see the reasoning in also suing "Fort Lee, Inc.". What did Fort Lee, Inc. do?

In regard to suing the individuals, the answer is yes to the actual realtor who made the representations to you and worked on your file. If they both worked on your file, then you can sue them both, because as a realtor, they owe a personal duty to you.
Customer: replied 2 years ago.

Som then office belonged to the Fort Lee, NJ INc. The agent who executed on behalf of Apartment and Homes of NJ, Inc really, according ot the records in the NJ Real esate comissions is not employed by Forrt Lee, INc - she is only employed - as agent - in Fort Lee, Inc.


The other guis - her hasbadn and broker of records for both Fort lee, Inc, and NJ, Inc and he is the one that talked to me after the incident - she did not want to bother - it was he who refused to take any responsibility or do any help and ultimately told me to stop contacting them and to contact their lawyer.


So she is employed by the Fort lee, NJ, inc, executed a contract on beahalf of NJ, Inc. Rental agreement with tenants was facilitated by NJ, Inc, and the listing into the MLS was done by Fort Lee, NJ, Inc.


Did she even had an autohiority to execute on behalf of NJ, INC? both the contract wiht me and the lease wiht tenants that paid NJ, Inc. comissions?


Expert:  TexLaw replied 2 years ago.
Hmmmm. In the case of where you are unsure of who is responsible, it might be best to only sue the contracted entity, (i.e., "NJ, Inc"). You can always file an "Amended Complaint" which adds in Fort Lee later, when you find out exactly what their role is.

The reason I add caution is that you don't want to have to fight an immediate motion to dismiss or motion for summary judgment by an entity against whom you have no evidence of wrongdoing at this point. Simply because Fort Lee was one of the realtor's employers does not necessarily mean that Fort Lee is liable. You need to develop evidence by asking discovery requests from the agents and from NJ Inc about what role Fort Lee had in the underlying matter.
Customer: replied 2 years ago.

Understood - i will remove it. My guess is that Fort Lee is an employer and that entity employes all the agents, but all the contracts are done out of the NJ, Inc which is owned and controlled by the broker of records, her hasband, only.


Form the perspective of suing him - he only talked to me afterwards and negotiated wiht me and refused to take any responsibility, etc. So from the perspective of your comments above - will that be a ground for summary judgement? or motion to dismiss? He is the only owner for NJ, INc


Expert:  TexLaw replied 2 years ago.
If he is the owner but he did not actually make any misrepresentations or fail in his individual duties as a realtor to fulfill the obligations to you, then he will be able to get out of the suit relatively easy. I would sue NJ, Inc. and the woman agent for now. You can always add the other two in if you discover more facts. If Fort Lee is the employer, then it may have liability for the agent's failures under a Respondeat Superior theory, but you would want to have a copy of the contracts between the parties (the contract between NJ Inc and Fort Lee, and any and all employment contracts between all the different parties).
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience: Internationational Commercial Attorney
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