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Mandated DisclosuresSeller_disclosuresMEDIUM

Under the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.), a buyer who successfully proves that a seller or licensee engaged in consumer fraud in connection with a real estate transaction is entitled to which of the following remedies that is unique to this statute?

Correct Answer

B) Treble damages and attorney's fees, in addition to any actual damages proven

The New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) is notable for its powerful consumer remedies. A plaintiff who proves a violation is entitled to treble damages — that is, three times the actual damages suffered — plus reasonable attorney's fees and costs. This makes the Consumer Fraud Act a particularly potent tool for buyers harmed by deceptive practices, misrepresentation, or knowing concealment in real estate transactions.

Answer Options
A
Compensatory damages equal to the actual loss suffered, capped at the purchase price of the property
B
Treble damages and attorney's fees, in addition to any actual damages proven
C
Rescission of the purchase contract and return of the earnest money deposit only
D
A civil penalty payable to the State of New Jersey, with no private right of action for the buyer

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Related Topics & Key Terms

Key Terms:

consumer_fraud_acttreble_damagesattorney_feesbuyer_remediesreal_estate_fraud

Related Concepts

Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.

A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.

An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.

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