If they did not get the report, then all you have to show is that they made the representation to you that the tenant had no criminal history that would disqualify them.
Here is Here what i have for the realtor's actions:
1. my contract with Realtor signed in Oct 1 - standard MLS contract, I give realtors a right to rent my place for a contingent fee, no other conditions except their fee. I have proof of that.
2. Defendants verbal promise to perform verification of financial information - income and employment and credit (but not criminal, although i found that the tenants had court cases against them) - can't prove that they promissed , not written anywhere - nowhere recorded. ...BUT
a. have evidence they requested the w-2, paystubs, 1040 for both tenants, and a credit report for one tenant, but not the other tenan - can prove it - can argue that it was to make good on a promise
b. have my evidence that i used public sources - state NJ business registration website, google info, reference check - showing info provided by tenants is wrong and forged - can prove it.
c. their explicit email in which the agent claims she "I know they will be excellent tenants", reasonably implying she verified the info. - can prove the email (she they admitted to me verbally she did not verify it but realied on the tenant realtor argunment that the tenants are suitable.
3. As part of N.J.A.C. 11:5-6.4 they had a specific legal requirements for the Real Estate brokers (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. So cant prove the priomise but they were also under the law to verify.
Here is my understanding: I DO NOT have the promise expressly written in the contract that she will verify the info. Only evidence that she acted on that promise and requested 1040, paystubs, etc information about tenants, so kind of my knowlege of the truth, rather than the truth that would be accepted by the court?
How would you argue a frudulent misrep using those facts? Where is the proof of intent here?