Friday, September 15, 2006

Agent misrepresented Towaco home

For those following the Towaco case. From the Daily Record:

Jury: Nothing wrong with a house in Towaco

A Superior Court jury decided Tuesday that a Weichert Co. real estate agent misrepresented the location of a Montville home and the school the buyers' son might attend, but said that the act did not cause the family a measurable loss.

The jury agreed with homeowners Theodore and Frances Vagias that the failure of real estate agent Gabrielle Dingle to use the "T-word"-- Towaco --when describing the location of the home, constituted an "affirmative misrepresentation" under the Consumer Fraud Act.
Dingle had testified that she was not aware until after the sale was completed that the home was in the Towaco section, and that she never specified which elementary school the child might attend.

The jury declined to rule that the misrepresentation they assigned to Dingle caused the Vagiases a substantive, measurable loss. If a loss had been determined, the Consumer Fraud Act calls for up to triple damages.

The Vagias' attorney Keith Harris told the jury in his closing that the loss suffered by the family was the 10 percent extra they paid for the home, as measured by a real estate appraiser he put on the stand, because they believed the home was in the Montville section of the township, and not Towaco. Harris placed the loss at $70,000.


Blogger thatbigwindow said...

Like living in the Athena section of Clifton or the Heights section of Jersey City, suddenly people think they are in Upper Saddle River and are entitled to special benefits without researching the area you are buying into first.

9/15/2006 08:30:00 AM  
Anonymous Anonymous said...

Not siding with the dirty rat realtor but you'd think that the parents if they were so concerned about the childs schooling would have done a little more due diligence before they signed the closing papers.

9/15/2006 01:49:00 PM  
Anonymous Anonymous said...

The responsibility is on the buyers to their due diligence. You are not buying a car!

10/17/2006 05:03:00 PM  

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