The Protections Provided by the New Jersey Consumer Fraud Act
It seems there are few things in life more challenging, frustrating and often unsatisfactory than home improvement projects. It doesn’t seem like it should be that complicated, but home remodeling and improvement efforts are frequently rife with delays, shoddy work, mistakes and outright fraud.
In New Jersey, there’s good news—there’s a law that specifically applies to home improvement agreements. It can give you the legal tools you need to combat unnecessary delays, construction defects, disputes over performance, and overcharging.
What Is the New Jersey Consumer Fraud Act?
The New Jersey Consumer Fraud Act (NJCFA) is a written law, applicable to the sale of goods, services and real estate, that bans “unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact.” The courts in New Jersey have held that home improvement contracts are particularly prone to instances of consumer fraud. Accordingly, extensive regulations have been adopted governing home improvement contracts. For example, the NJCFA requires that all home improvement agreements and any change orders be in writing and signed by both parties. Contractors must also provide detailed information, including, among other things:
- A contractor registration number
- A telephone number for the contractor’s insurer
- A description of work to be done and materials to be used
- The total purchase price, including any finance charges
- The date the project will begin and the date it is expected to be completed
- A written copy of any warranty or guarantee offered
- Notification of the customer’s three-day right to cancel
The Requirements for a Legal Claim under the NJCFA
To prevail on a claim under the New Jersey Consumer Fraud Act, you must show three things:
- The contractor engaged in an illegal or prohibited practice
- The engagement in that act caused you to suffer losses
- Your losses can be ascertained
The act may involve affirmative conduct, a known omission or failure to act, or a violation of an administrative regulation.
Contact Attorney David J. Karbasian
Contact our office online or call us at 856-667-4666 / 856-600-HURT to schedule an appointment. Your first consultation is without cost or obligation. The sooner you call, the sooner you can move forward with your claim. We can accommodate evening or weekend meeting requests and will come to your home, if necessary.
