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ENFIELD v. FWL, INC.

256 N.J. Super. 502 (1991)

607 A.2d 685

EUGENE A. ENFIELD, SR. AND ADA A. ENFIELD, PLAINTIFFS, v. FWL, INC. AND FUREY W. LERRO, DEFENDANTS.

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

Decided March 14, 1991.

Attorney(s) appearing for the Case

Charles Rusen, Jr. for plaintiffs (Collins Toner & Rusen, attorneys).

Dorothy F. McCrosson for defendants (Office of Michael A. Fusco).

CALLINAN, J.S.C.

The issue before the court is whether the remedy of rescission of a contract for the failure of the developer to provide to the buyers of a condominium unit a Public Offering Statement as required by N.J.S.A. 45:22A-26(a)(2) is compulsory under N.J.S.A. 45:22A-21 et seq. "The Planned Real Estate Development Full Disclosure Act". The court, recognizing that rescission is an enunciated remedy under New Jersey law in specific instances...

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