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Would you like to be sitting in a courtroom witness chair explaining to the judge and jury why you didn't disclose fire damage to a buyer in your "disclosure" contract ??? Whats your defense......you forgot ? You didn't think they would want to know ?
I'd be happy to. I didn't create the disclosure form- someone supposedly far smarter than me regarding what did and didn't have to be disclosed decided what needed to be on the form, so I'd happily fill out what's there, and that's it. My defense would be "the question wasn't asked on the form, so I didn't think it mattered"- plain and simple- next case.
I'd be happy to. I didn't create the disclosure form- someone supposedly far smarter than me regarding what did and didn't have to be disclosed decided what needed to be on the form, so I'd happily fill out what's there, and that's it. My defense would be "the question wasn't asked on the form, so I didn't think it mattered"- plain and simple- next case.
You don't seem to understand that once you find yourself sitting in a courtroom today, even if you've done nothing wrong, you've lost. Lawyers file suits knowing they have little or no chance of winning bolstered by the history that you will make some type of settlement just to make the suit go away. And most do just to avoid the high cost of defending yourself.
You don't seem to understand that once you find yourself sitting in a courtroom today, even if you've done nothing wrong, you've lost. Lawyers file suits knowing they have little or no chance of winning bolstered by the history that you will make some type of settlement just to make the suit go away. And most do just to avoid the high cost of defending yourself.
And if you have an average lawyer, he will explain that you don't need to do anything that is not required of you. Case closed.
I wouldn't disclose anything that wasn't required on the form. Why should I?
Because thats fraud....and if proven in New Jersey that you knew something and didn't disclose it the LAW states that tripple damages are automatically awarded.
And if you have an average lawyer, he will explain that you don't need to do anything that is not required of you. Case closed.
And whats it cost you for him to spend time in a trial explaining that to a judge and jury not to mention the cost of pretrial paperwork and discovery ? I've been involved in the real estate industry for 20+ years and your absolutely clueless as to how the system works.
Because thats fraud....and if proven in New Jersey that you knew something and didn't disclose it the LAW states that tripple damages are automatically awarded.
Maybe if you are a lawyer who doesn't give full disclosure, but not when you are a homeowner answering a question on the "disclosure document". It's not that specific. If it were, real estate agents would be out of business or hand you their business card along with their lawyers card.
Have a small kitchen fire in your house. Watch how much you end up claiming as a loss...cabinets, dishes, blinds, windows, appliances, food, flooring, Serve Pro for getting the stink out in the place the fire started and beyond...adds up quicker than you would think.
If an employment application doesn't ask for specifics and you eventually get fired for not answering questions that weren't asked...who is at fault? You or the company?
we had a fire, and I don't know if my mom disclosed it when she sold. the first couple who walked through it bought it, and i'm sure there was an inspection...but it's a curious question.
Because thats fraud....and if proven in New Jersey that you knew something and didn't disclose it the LAW states that tripple damages are automatically awarded.
How is it fraud? The form did not ask about fires.
And whats it cost you for him to spend time in a trial explaining that to a judge and jury not to mention the cost of pretrial paperwork and discovery ? I've been involved in the real estate industry for 20+ years and your absolutely clueless as to how the system works.
Working in the industry is fine. But fraud did not occur.
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