Construction Litigation
Construction & Transition Litigation Law Blog Site
The Seller’s Disclosure Statement
Posted in Construction Litigation, Litigation, Real Estate
The completion of the Seller’s Disclosure Statement is a task that is often taken lightly by a Seller of residential real estate when they are preparing to sell their house. In fact, many individuals when faced with completing this task give it little thought and complete it in a cursory fashion. What a Seller should be aware of, however, is that any misstatement of fact, whether intentional or not may subject a Seller to liability post-closing. In the State of New Jersey a Seller of residential real estate has a duty to disclose any and all latent defects with regard to the condition of their property. A latent condition is a condition that is not otherwise observable, or in essence, hidden. Examples of latent conditions are radon contamination, underground oil tank leaks, or a history of water problems. Continue reading
Expansion of the New Jersey Consumer Fraud Act
Posted in Construction Litigation
The New Jersey Supreme Court announced a sweeping expansion of the NJ Consumer Fraud Act, N.J.S.A. 56:8-2 (“CFA”), to include work done by contractors performing interior work on new construction. In Czar Inc. Heath, A-114-07, decided 3/13/09, the Supreme Court ruled 6-1 that new homeowners who act as their own general contractors for interior finish work have a right to assert claims under the CFA against the Czar, Inc (“Czar”), the subcontractor responsible for doing installation of kitchen cabinets, doors, chair railing and other interior finishes. Continue reading
