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Lucy, thank you. I have been trying to locate it and still unable - is there anywhere that you can find it by any chance? Or at least in whihc court it was tried? I think there is an Appelate comment or an Appelate decisioin - i got it based on reading of what is in the opinion i sahred? Would you mind reading it quickly and from you opinion, here is what it says:
The lower court also found that the broker violated the New Jersey Consumer Fraud Act by representing to the landlord that the tenant was financially qualified. It awarded triple damages. On appeal, the broker claimed that its failure to investigate the tenant’s finances prior to submitting the offer was not the cause of the landlord’s damages. The broker also claimed that it did not make affirmative misrepresentations to the landlord and did not violate the Consumer Fraud Act. The Appellate Division disagreed, finding that the tenant breached the lease because it was not able to pay the lease while applying for site plan approval to operate the premises as a diner. It also found the tenant repudiated the lease because the broker represented that the property could be used as a diner, but in fact site plan approval was required, and the tenant was unable to pay the rent during the approval process. As to the Consumer Fraud Act claim, the Court found that the broker knew that the landlord was concerned about the financial qualifications of the tenant yet failed to take reasonable steps to ascertain the tenant’s financial qualifications, although it asserted to the landlord that it did. Therefore, the broker violated the Consumer Fraud Act because it made an affirmative representation to the landlord that the tenant was financially qualified, the representation was material to the landlord’s acceptance of the offer, and the representation was both false and made to induce the landlord to accept the offer.
Can i use the last statement to make a legal argument:
Therefore, the broker violated the Consumer Fraud Act because it made an affirmative representation to the landlord that the tenant was financially qualified, the representation was material to the landlord’s acceptance of the offer, and the representation was both false and made to induce the landlord to accept the offer.
If i write that and site this case - somebody told me that they may even make me pay their l;egal fees to file a motion to remove the sitation of the unpublished case?? Is that that serious??
So why is there a review that i sited? who done it and for what reason? where in law school can i ask the students to find it? Do you ahve any exmaples of the boards, etc that i can post this request to>?
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