Quite a number of years ago, New Jersey Supreme’s Court decided the case of Gennari v. Weichert Realty. One of the many issues addressed in that opinion was whether personal liability could be imputed to a real estate broker who took part in misrepresentations made to a home buyer?  The question was answered in favor of the home buyer.  

In a recent case, the plaintiff landowners sued a contractor corporation and its principal when a retaining wall built on the landowner’s property failed. During the trial phase, the court dismissed the claims against the principal. Thereafter, the case proceeded to trial and produced a jury verdict of $490,000 against the contractor corporation. The landowners ultimately appealed the dismissal of the personal liability of the principal of the contractor corporation to the Appellate Division which reversed the trial court’s decision to dismiss the claim against the corporation’s principal. The appellate court concluded that the term “person” as defined by the CFA included employees, agents, officers, directors and stockholders.  The case is now before the Supreme Court.