GENNARI v. WEICHERT CO. REALTORS


148 N.J. 582 (1997)

691 A.2d 350

ROXANNE GENNARI, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. WEICHERT CO. REALTORS, INDIVIDUALLY AND AS AGENT OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND TIMBERLINE PROPERTY DEVELOPMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND ALLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPAL, AGENT OR EMPLOYEE OF TIMBERLINE PROPERTY DEVELOPMENT, INC., AND WEICHERT REALTORS, AND VAN NOTEHARVEY ASSOCIATES AND J.E.M. HEATING AND COOLING, DEFENDANTS, AND ELLEN RUMBERT, INDIVIDUALLY AND AS PRINCIPAL, AGENT OR EMPLOYEE OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT. WEICHERT CO. REALTORS, THIRD PARTY-PLAINTIFF, v. J.E.M. HEATING AND COOLING, INC. AND RICK INGS, THIRD PARTY-DEFENDANTS. (FOUR CASES) JAMES NESTOR AND JOAN NESTOR, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. WEICHERT CO. REALTORS, INDIVIDUALLY AND AS AGENT OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND TIMBERLINE PROPERTY DEVELOPMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND ALLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPAL, AGENT OR EMPLOYEE OF TIMBERLINE PROPERTY DEVELOPMENT, INC., AND WEICHERT REALTORS, AND VAN NOTEHARVEY ASSOCIATES AND J.E.M. HEATING AND COOLING, DEFENDANTS, AND ELLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPAL, AGENT OR EMPLOYEE OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT. RAJAN S. MATHEWS AND GRACE MATHEWS, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. WEICHERT CO. REALTORS, INDIVIDUALLY AND AS AGENT OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND TIMBERLINE PROPERTY DEVELOPMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND ALLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPAL, AGENT OR EMPLOYEE OF TIMBERLINE PROPERTY DEVELOPMENT, INC., AND WEICHERT REALTORS, AND VAN NOTEHARVEY ASSOCIATES AND J.E.M. HEATING AND COOLING, DEFENDANTS, AND ELLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPAL, AGENT OR EMPLOYEE OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT. RAYMOND LACHAPELLE AND JANET LACHAPELLE, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS, v. WEICHERT CO. REALTORS, INDIVIDUALLY AND AS AGENT OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT, AND TIMBERLINE PROPERTY DEVELOPMENT, INC., A CORPORATION OF THE STATE OF NEW JERSEY AND ALLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPAL, AGENT OR EMPLOYEE OF TIMBERLINE PROPERTY DEVELOPMENT, INC., AND WEICHERT REALTORS, AND VAN NOTEHARVEY ASSOCIATES AND J.E.M. HEATING AND COOLING, DEFENDANTS, AND ELLEN RUMBERG, INDIVIDUALLY AND AS PRINCIPAL, AGENT OR EMPLOYEE OF TIMBERLINE PROPERTY DEVELOPMENT, INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 15, 1997.


Attorney(s) appearing for the Case

Martin Newmark argued the cause for appellant and cross-respondent Weichert Co. Realtors (Broderick, Newmark & Grather, attorneys; Mr. Newmark and Alan J. Baldwin, on the briefs).

Frances J. Panzini-Romeo argued the cause for appellant and cross-respondent Ellen Rumberg (O'Donnell, Kennedy, Vespole, Piechta & Trifiolis, attorneys).

George Dougherty argued the cause for respondents and cross-appellants (Katz & Dougherty, attorneys).

Arthur M. Greenbaum submitted a brief on behalf of amicus curiae New Jersey Association of Realtors (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Mr. Greenbaum and Bruce D. Greenberg, on the brief).

Cindy K. Miller, Senior Deputy Attorney General, submitted a brief on behalf of amicus curiae Attorney General of New Jersey (Peter G. Verniero, Attorney General, attorney; Jeffrey C. Burstein, Deputy Attorney General, of counsel).


The opinion of the Court was delivered by POLLOCK, J.

The primary issue is whether defendant, Weichert Co. Realtors ("Weichert"), as the sales agent of a residential real estate developer, is liable under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20 (the "Act"), for affirmative misrepresentations to purchasers of new homes from the developer. After a trial on liability only, the Law Division found Weichert liable...

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