How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Business Law
Satisfied Customers: 4016
Experience:  Internationational Commercial Attorney
17219180
Type Your Business Law Question Here...
Zachary is online now
A new question is answered every 9 seconds

ZDNLaw, So i am suying my realtors - i included an agent name

Resolved Question:

ZDNLaw,
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: 1 year ago.
Category: Business Law
Expert:  Wendy-Mod replied 1 year ago.
Hello,

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.

Best,
Wendy
Expert:  Zachary replied 1 year 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 1 year 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:  Zachary replied 1 year 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 1 year 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:  Zachary replied 1 year 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).
Zachary, Attorney
Category: Business Law
Satisfied Customers: 4016
Experience: Internationational Commercial Attorney
Zachary and 9 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA