Legal Question in Real Estate Law in New Jersey

I signed a contract on a new construction in may 2010. The contract stated the units were scheduled to be finished in august 2010. It is now November and we haven't hears anything yet other than they keep telling us next month and next month comes around and they keep pushing it out. According to the contract, they were suppose to notify us in writing about any delays and they didn't. Can we back out and request my dowm payment back ?


Asked on 11/15/10, 7:27 am

3 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question.

The following is a general response to your inquiry. It is not intended as, nor should be construed as, legal advice or opinion. Legal advice and opinion can be provide after you retain my services and I review relevant documents and we discuss all the facts.

The short answer is: probably. It depends in part on the terms and conditions of the contract, The contractor's action may also be a violation of the NJ Consumer Fraud. If a consumer wins under that law, the consumer is entitled to TRIPLE DAMAGES (i.e., his/her dollar damages X 3) and attorney's fees and cost. Before I can comment on your particular circumstances, we need to speak and I need to review your contract.

Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600

With best wishes,

Barry F. Gartenberg, Esq.

Please visit my website!

Read more
Answered on 11/20/10, 8:11 am

Any response is general, I don't know you, the contract or all the facts, but generally, you can cancel a contract if they do not perform as promised. Perhaps they are not legitimate contractors, did you check them out with your town and the state? I rarely see a contract that meets all state requirements, so in addition to being in breach, their contract may not be enforcable anyway. Now you can sue when there is a breach, but 99.8% of the time, you are best off getting your money back, and getting out of the contract. How may contactors today are so busy they can't get to scheduled work timely? Not many! --- Good luck!

Read more
Answered on 11/20/10, 10:03 am
Robert Davies The Davies Law Firm, P.A.

I agree with the other attorneys, I would need to look at your contract. You are not required to just wait forever. Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the formation that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

Read more
Answered on 11/22/10, 8:16 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey