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WATER OR FLOOD DAMAGE?
MOLD PROBLEMS?
FIRE AND SMOKE DAMAGE?
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and eventually constructed, a building
obstructing the plaintiffs Manhattan
skyline views. As a result, the Court
found that the developer could not
hide behind generalized warnings
and disclaimers in the Public Offering
Statement, Master Deed and sales
contracts. The jury in Etelson award-
ed the unit owners $1,253,420.00
in damages for diminution in value of
their units, and the Court entered a
final judgement in Plaintiff’s favor for
$4,817,638.12, which included a
trebling of damages, attorneys’ fees
and costs pursuant to the New Jersey
Consumer Fraud Act.
The knowing concealment, suppres-
sion, or omission of any material fact
in connection with the sale or adver-
tisement of real estate is strictly pro-
hibited by the New Jersey Consumer
Fraud Act. If you are a condomini-
um owner, and the developer failed
to disclose certain material facts in
connection with the sale or adver-
tising thereof, you should consider
consulting with an attorney. In the
same vein, developers should always
consult with their attorney prior to mak-
ing any representations in marketing
materials. n
Endnote:
1 Docket No. A-0570-11T4 (App. Div. March
10, 2014).
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