N.J. Judge Applies Clear-and-Convincing Standard To Consumer Fraud Claim

TRENTON, N.J. - A New Jersey judge presiding over a dispute between homebuyers and real estate agents ruled Jan. 26 that plaintiffs bringing claims under New Jersey's Consumer Fraud Act must meet a 'clear and convincing' standard of proof. Anthony and Tammy Rossetti v. Re/Max Tri County Realtors, et al., No. MER-L-2926-01 (N.J. Super. Ct., Mercer Cty.).

The opinion could be applied in cases where evidence of mold is concealed from prospective buyers In this case, however, Anthony and Tammy Rossetti complained that Re/Max Tri County Realtors and broker Bette Koncz concealed and misrepresented termite damage in a home the …