Christina Kwon Weichert Realtors Alpine Closter 1 Ruckman Road Closter, NJ 07624 Failure to Disclose Home Defects Misrepresentation Closter New Jersey

I almost signed a listing agreement with this lady, and thank god for this online blog that keeps complaints for consumers to research before doing business with someone. Ripoffreport saved my family a ton of money and grief. She was very pushy and aggressive when she came to my house and wanted me and my husband to list with her right away. Now I know why. Here is her full contact information:

Christina Kwon Sales Associate, SFR

Coldwell Banker Residential Brokerage Alpine/Closter 15 Vervalen St. Closter, NJ 07624 
(201) 767-0550

(201) 390-2247  

http://www.christinakwonrealtor.com/

https://www.coldwellbankerhomes.com/nj/closter/agent/christina-kwon/aid_205990/

https://www.zillow.com/profile/2013902247/

http://www.njmls.com/members/index.cfm?action=dsp.info&id=208855  

She is no longer with Weichert Realtors, and has now setup shop at Coldwell Banker. I wonder why?

I had a similar experience with a realtor here in the Los Angeles area, and it cost our family a large sum of money to repair the undisclosed issues with the property. We sued the realtor and his agency and won a judgment for our damages.

In New Jersey, a seller is legally required to disclose all material defects that the seller knows of before the sale. If, after the sale has closed, you discover a material defect that seems to have existed before you bought the home, which the seller did not tell you about, you should be able to sue the seller and their agent.

The seller should have provided you with a form called a Seller’s Property Condition Disclosure Statement. Its purpose is to give the seller the opportunity to disclose, to the best of his or her knowledge, the condition of the property, thus allowing you to make an informed decision about whether to purchase and at what price.

Use of the Disclosure Statement form is not legally required. A New Jersey home seller may choose to disclose any known material defects in the property in some other way, either orally or in writing. Check the documentation from your sale to see whether you received the Disclosure Statement. If you didn't, look into whether you received anything else in writing from the seller discussing the conditions you believe are material defects.

Among the numerous types of things a seller is required to disclose are electrical system hazards; structural problems; roof leakage; termites; environmental hazards; and plumbing, water, and sewage issues, mold, etc.

The type of issues you describe with your property should have been disclosed to you before the sale. If they weren’t, the sellers and their agent can be held liable for failing to disclose the material defects.

Sellers can be liable for fraud when they fail to disclose material facts that could affect the property value and therefore influence a prospective buyer’s purchasing decision. When sellers fail to disclose conditions that are latent, not reasonably observable to a buyer, and would affect a purchasing decision, they may be liable for fraud for “failure to disclose”.

When people often think of fraud, they often imagine affirmative statements made to a buyer. However, “failure to disclose” liability is premised on the “knowing concealment, suppression, or omission of any material fact.” N.J.S.A. 56:8-2. Therefore, a seller does not have to affirmatively lie to a buyer about the condition of the property. Simply not telling a buyer about a problem with a property can qualify as fraud. The definition of what constitutes a “material fact” is also one where the law allows a degree of wiggle room. Generally, a material fact is one that significantly affects the value of the property.

Consumers are afforded many protections under consumer fraud laws against sellers for “failure to disclose” material facts that affect real estate transactions. You have a possible consumer fraud case in connection with your real estate transaction, and it is imperative that you consult with an attorney.