KARGEN v. KERR


248 N.J. Super. 91 (1991)

590 A.2d 255

ROBERT A. KARGEN AND RENEE A. KARGEN, H/W, AND FRANCES G. FORWOOD AND CAROLYN FORWOOD, H/W, PLAINTIFFS, v. H. BRAD KERR AND SARAH JANE KERR, H/W, AND STEPHEN R. SIGNORE, JR., DEFENDANTS.

Superior Court of New Jersey, Chancery Division Cape May County.

Decided January 24, 1991.


Attorney(s) appearing for the Case

Harold G. Cohen for plaintiffs (Lesser & Kaplin, attorneys).

William J. Bryers for defendants (Bryers & Bryers, attorneys).


CALLINAN, J.S.C.

The question presented by this case is the effect of the failure of a realtor to include the address of a buyer in a contract for sale of realty, given sellers attempted rescission based on attorney review, wherein buyer is not given proper notice. The holding here is that seller is excused from strict compliance and rescission is allowed.

This matter comes before the court on cross-motions for summary judgment. At the time of oral argument...

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