LAW OFFICE OF PAUL DEPETRIS
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New Jersey Real Estate Warranty FAQs

INTRODUCTION
Read below to learn more about this topic. Or, to receive a no cost phone consultation, call Mr. DePetris at 609-714-2020 or send him an email. Warning – this article does not necessarily include every New Jersey court rule, code or law that may apply to your New Jersey case! The Law Office of Paul DePetris does not guarantee that the statutes, rules, codes, files or forms on this website are the latest versions, that they lack typographical errors or that they have not changed, repealed or superseded by other laws. Before taking any action, read all applicable federal and state source law and case law and consult with an attorney. Court addresses, hours of operation, deadlines and directions may change so check with the court in advance of mailing documents to court or going there! Some of the webpages on this site don’t apply to all types of New Jersey cases, since there are different rules for different case types!

WHAT IS A NEW JERSEY REAL ESTATE BREACH OF WARRANTY UNDER NEW JERSEY WARRANTY LAW?
New Jersey Real Estate Breach of Warranty lawsuits involve New Jersey homes, apartments or other New Jersey real estate. Usually, the case is one where a New Jersey home builder, New Jersey home improvement contractor, New Jersey home repair contractor, New Jersey home seller or New Jersey landlord made promises, either express or implied, about the quality of a new New Jersey home, used New Jersey home, New Jersey home repair services, New Jersey home improvement services, New Jersey apartment or New Jersey rental home and the promises are broken by the New Jersey home builder, New Jersey home improvement contractor, New Jersey home repair contractor, New Jersey home seller or New Jersey landlord.

WHAT ARE SOME COMMON TYPES OF NEW JERSEY REAL ESTATE BREACH OF WARRANTY LAWSUITS?
There are many varieties of New Jersey real estate breach of warranty lawsuits. The following are perhaps the most common types of New Jersey Real Estate Breach of Warranty lawsuits:
1. New Jersey Express warranty.
2. New Jersey Implied warranty of good workmanship.
3. New Jersey Implied warranty of habitability.
4. New Jersey New Homeowners’ Warranty.
Whereas a New Jersey breach of contract claim normally requires the existence of a New Jersey contract between the New Jersey breach of contract lawsuit plaintiff and the New Jersey breach of contract defendant, a New Jersey warranty claim often does not.

TO PROVE A NEW JERSEY REAL ESTATE BREACH OF WARRANTY, MUST I ALWAYS PROVE THAT A DEFECT OR PROBLEM EXISTS OR THAT THE NEW JERSEY REAL ESTATE BREACH OF WARRANTY DEFENDANT COMMITTED NEGLIGENCE?
A common misconception about New Jersey real estate warranty lawsuits is that they require proof of the existence of a defect or negligence. In certain New Jersey Real Estate Breach of Warranty cases, proof of a defect or negligence is unnecessary—failure of performance of a new New Jersey home, used New Jersey home, New Jersey home repair services, New Jersey home improvement services, New Jersey apartment or New Jersey rental home in the absence of secondary causes may be sufficient to prove a New Jersey Real Estate Breach of Warranty.

WHAT IS A NEW JERSEY REAL ESTATE BREACH OF EXPRESS WARRANTY
A New Jersey Real Estate Breach of Express Warranty claim may arise: (1) Under New Jersey judicially made law, called New Jersey common law, such as where a New Jersey express warranty is issued for services; or (2) under the New Jersey New Home Warranty and Builders’ Registration Act, which provides for New Jersey express warranties regarding the quality of new New Jersey homes, used New Jersey homes, New Jersey home repair services, New Jersey home improvement services, New Jersey apartments or New Jersey rental homes or other New Jersey products or relative to checks or other negotiable instruments; or (3) under some New Jersey or Federal law other than the New Jersey New Home Warranty and Builders’ Registration Act.

The basic elements of a New Jersey real estate breach of express warranty are:
(1) The New Jersey Real Estate Breach of Warranty defendant was the recipient of or beneficiary under a New Jersey express oral or written warranty, including any affirmation of fact or promise made by the New Jersey Real Estate Breach of Warranty defendant related to new New Jersey homes, used New Jersey homes, New Jersey home repair services, New Jersey home improvement services, New Jersey apartments or New Jersey rental homes or other New Jersey products or services, which became part of the basis of the bargain that New New Jersey homes, used New Jersey homes, New Jersey home repair services, New Jersey home improvement services, New Jersey apartments or New Jersey rental homes or other New Jersey products would conform to the affirmation or promise.
(2) New New Jersey homes, used New Jersey homes, New Jersey home repair services, New Jersey home improvement services, New Jersey apartments or New Jersey rental homes or other New Jersey products or services did not conform to the warranty and/or the New Jersey Real Estate Breach of Warranty defendant experienced problems with New New Jersey homes, used New Jersey homes, New Jersey home repair services, New Jersey home improvement services, New Jersey apartments or New Jersey rental homes or other New Jersey products or services and/or New New Jersey homes, used New Jersey homes, New Jersey home repair services, New Jersey home improvement services, New Jersey apartments or New Jersey rental homes or other New Jersey products did
not perform as promised.
(3) In certain New Jersey Real Estate Breach of Warranty cases, the New Jersey Real Estate Breach of Warranty was material rather than one for trivial nonconformities/problems.
(4) In certain New Jersey Real Estate Breach of Warranty cases, the New Jersey Real Estate Breach of Warranty plaintiff gave the New Jersey Real Estate Breach of Warranty defendant an opportunity to cure the nonconformities/problems but the New Jersey Real Estate Breach of Warranty defendant failed to cure those nonconformities/problems.
(5) In certain New Jersey Real Estate Breach of Warranty cases, in a reasonable time after discovering the nonconformities/problems, the New Jersey Real Estate Breach of Warranty plaintiff provided notice to the New Jersey Real Estate Breach of Warranty defendant of the existence of those nonconformities/problems.
(6) In certain product warranty cases, such as where the New Jersey Real Estate Breach of Warranty defendant alleges secondary causes, the New Jersey Real Estate Breach of Warranty plaintiff did not continue to make deliberate and unreasonable use of the product after becoming aware of the nonconformity/problem or the New Jersey Real Estate Breach of Warranty plaintiff did not cause the problem or nonconformity by
abusing, misusing or modifying the product.
(7) The New Jersey Real Estate Breach of Warranty plaintiff suffered damages from the New Jersey Real Estate Breach of Warranty.

NEW JERESY HOME IMPROVEMENT CONTRACTOR EXPRESS WARRANTIES AND NEW JERSEY HOME REPAIR CONTRACTOR EXPRESS WARRANTIES
Under New Jersey law, New Jersey home improvement contractors and New Jersey home repair contractors are often required to provide disclosures regarding express warranties issued with New Jersey home improvement services and New Jersey home repair services. Under the New Jersey Home Improvement Practices regulations, a New Jersey home improvement means the remodeling, altering, painting, repairing, renovating, restoring, moving, demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages,
basements and basement waterproofing, fire protection devices, security protection devices,
central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar
heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or
inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or
forming a part of the residential or noncommercial property, but does not include the construction
of a new residence. The term extends to the conversion of existing commercial structures into residential or noncommercial property and includes any of the above activities performed under emergency conditions. Under the New Jersey Home Improvement Practices regulations, a New Jersey Home improvement contract means an oral or written agreement between a seller and an owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements under which the New Jersey home repair contractor or New Jersey home improvement contractor is to perform labor or render services for home improvements, or furnish materials in connection therewith. Under the New Jersey Home Improvement Practices regulations residential or non-commercial property means a structure used, in whole or in substantial part, as a home or place of residence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it is situated and which is devoted to the residential use of the structure, and includes all appurtenant structures. Under the New Jersey Home Improvement Practices regulations, the New Jersey home repair contractor or New Jersey home improvement contractor shall furnish the New Jersey homeowner a written copy of all guarantees or warranties made with respect to labor services, products or materials furnished in connection with New Jersey home improvements. Such New Jersey home improvement contract guarantees or warranties shall be specific, clear and definite and shall include any exclusions or limitations as to their scope or duration. Copies of all New Jersey home improvement guarantees or warranties shall be furnished to the New Jersey homeowner at the time the New Jersey home repair contractor or New Jersey home improvement contractor presents his bid as well as at the time of execution of the New Jersey home improvement contract, except that separate guarantees
or warranties of the manufacturer of products or materials may be furnished at the time such
products or materials are installed.

WHAT IS A NEW JERSEY IMPLIED WARRANTY OF GOOD WORKMANSHIP?
It is not uncommon for parties to a service contract, such as a New Jersey home improvement contract or New Jersey home repair contract, to fail to state the New Jersey warranties, if any, associated with the New Jersey services rendered under the New Jersey contract. Also, a New Jersey Real Estate Breach of Warranty plaintiff may not have any guarantees as to work performed for another. For example, if a New Jersey home repair contractor provides services to a homeowner and the home is subsequently purchased by a third party, that party may not have any express guarantee for those services. When there is no express contractual provision concerning workmanship, the law implies a covenant that the New Jersey contract will be performed in a reasonably good and workmanlike manner. New Jersey warranties are imposed on service providers because they are often in a better position to prevent
the occurrence of major problems.

The basic elements of a New Jersey breach of the New Jersey implied warranty of good
workmanship are:
(1) The parties had a valid contract for the provision of services.
(2) There existed no valid exclusion or modification of the implicit promise that the New Jersey services will be performed in a workmanlike manner and/or that the result will be fit for its intended purpose.
(3) The New Jersey services rendered under the New Jersey contract were not performed in a workmanlike manner and/or the result was unfit for its intended purpose.
(4) The New Jersey Real Estate Breach of Warranty plaintiff suffered damages from the New Jersey Real Estate Breach of Warranty.

WHAT IS A NEW JERSEY IMPLIED WARRANTY OF HABITABILITY?
In the absence of a New Jersey express warranty, a New Jersey buyer of a new New Jersey home or used New Jersey home may recover for defects in the New Jersey home associated with its
habitability. Such claims are brought under the New Jersey implied warranty of habitability. New Jersey residential leases also include a New Jersey implied warranty of habitability.

The basic elements of a New Jersey breach of the New Jersey implied warranty of
habitability are:
(1) The New Jersey Real Estate Breach of Warranty plaintiff purchased a new New Jersey home or used New Jersey home.
(2) Following sale, of the new New Jersey home or used New Jersey home the New Jersey Real Estate Breach of Warranty plaintiff experienced one or more problems that affected facilities vital to the
use of the new New Jersey home or used New Jersey home for residential purposes.
(3) In appropriate New Jersey Real Estate Breach of Warranty cases, the New Jersey Real Estate Breach of Warranty plaintiff may also be obliged to rule out secondary causes, such as the New Jersey Real Estate Breach of Warranty plaintiff’s abuse, misuse or modification causing the problems.
(4) If the New Jersey home is new, it was not constructed in a reasonably workmanlike manner and is unfit for the New Jersey Real Estate Breach of Warranty plaintiffs to live in.
(5) If the New Jersey home is used, it is unfit for the New Jersey Real Estate Breach of Warranty plaintiffs to live in.
(6) The New Jersey Real Estate Breach of Warranty plaintiff suffered damages from the New Jersey Real Estate Breach of Warranty.

NEW JERSEY NEW HOME WARRANTIES UNDER THE NEW JERSEY NEW HOME WARRANTY AND BUILDER’S REGISTRATION ACT
New Jersey provides unique protection through the New Home Warranty and Builders' Registration Act, which establishes a program requiring that newly constructed New Jersey homes conform with certain construction and quality standards and provides New Jersey new home buyers with insurance-backed warranty protection in the event such standards are not met. In addition to authorizing New Jersey home warranty coverage through private insurance programs, the New Jersey New Home Warranty And Builders’ Registration Act requires that a New Jersey new home warranty security fund be maintained by the New Jersey State Treasurer and administered by the New Jersey Commissioner of Community Affairs on behalf of New Jersey new home buyers. Moneys payable to the New Jersey new home warranty fund are solely for the purpose of paying proven New Jersey new home warranty claims, providing reasonable reserves, including appropriate forms of reinsurance, and covering the costs of New Jersey new home warranty program administration. Prior to making a claim against New Jersey New Home Warranty Fund for defects covered by New Jersey New Home Warranty, an owner shall notify the New Jersey builder of such defects and allow a reasonable time period for their repair. If the repairs are not made within a reasonable time or are not satisfactory to the New Jersey new homeowner, he may file a claim against New Jersey New Home Warranty Fund in the form and manner prescribed by the New Jersey Commissioner of Community Affairs. The New Jersey Commissioner of Community Affairs shall investigate each New Jersey New Home Warranty claim to determine the validity thereof, and the amount of the award that shall be made thereon, and shall hold a hearing if requested by either New Jersey New Home Warranty plaintiff or New Jersey New Home Warranty defendant, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) applicable to contested cases. Reasonable New Jersey New Home Warranty hearing fees shall be assessed against the unsuccessful New Jersey New Home Warranty plaintiff or New Jersey New Home Warranty defendant. The amount of the New Jersey New Home Warranty award shall be sufficient to cover the reasonable costs necessary to correct any defect or defects covered under New Jersey New Home Warranty, but the total amount of New Jersey New Home Warranty awards from New Jersey New Home Warranty Fund for any new New Jersey home shall not exceed the purchase price of the new New Jersey home in the first good faith sale thereof or the fair market value on the new New Jersey home on its completion date if there is no good faith sale. All claims submitted by an owner shall first be reviewed through a conciliation or arbitration procedure by the New Jersey Department of Community Affairs, and in the event that the New Jersey new homeowner is found to be in the right, then the New Jersey builder shall be required to correct such claims as determined through the conciliation or arbitration procedure. If a New Jersey builder is unable or willfully refuses to correct such deficiency, then an amount sufficient to cure the problem shall be paid from New Jersey New Home Warranty Fund to the New Jersey new homeowner. In such cases, the New Jersey Commissioner of Community Affairs may then proceed against the New Jersey builder in accordance with subsection b. of section 6 of P.L.1977, c.467 (C.46:3B-6). Upon certification from the New Jersey Commissioner of Community Affairs of the amount of a New Jersey New Home Warranty award, The New Jersey State Treasurer shall make payment to the claimant from New Jersey New Home Warranty Fund. BEFORE BRINING A CLAIM UNDER THE NEW JERSEY NEW HOME WARRANTY AND BUILDER’S REGISTRATION ACT, A HOMEOWNER SHOULD SERIOUSLY CONSIDER CONSUTING WITH A NEW JERSEY LICESENCED ATTORNEY ABOUT THE ELECTION OF REMEDIES UNDER THE NEW JERSEY NEW HOME WARRANTY AND BUILDER’S REGISTRATION ACT. OTHERWISE, THE NEW NEW JERSEY HOMEOWNER MAY MAKE THE MISTAKE OF GIVING UP CERTAIN LEGAL RIGHTS THAT THE NEW NEW JERSEY HOMEOWNER HAS AGAINST A NEW JERSEY BUILDER!!! New Jersey builders benefit from the election of remedies dilemma posed by the New Jersey New Home Warranty And Builders’ Registration Act and its corresponding regulations. Under the New Jersey New Home Warranty And Builders’ Registration Act, New Jersey home purchaser chooses either the New Jersey New Home Warranty And Builders’ Registration Act arbitration or a New Jersey lawsuit against the New Jersey new home builder. Nothing contained in the New Jersey New Home Warranty And Builders’ Registration Act shall affect other rights and remedies available to the New Jersey new homeowner. The New Jersey new homeowner shall have the opportunity to pursue any remedy legally available to the New Jersey new homeowner. However, initiation of procedures to enforce a remedy shall constitute an election which shall bar the New Jersey new homeowner from all other remedies. Nothing contained in the New Jersey New Home Warranty And Builders’ Registration Act shall be deemed to limit the New Jersey new homeowner's right of appeal as applicable to the remedy elected.

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