Aug 15

Lemon Law Lawyers in Hawthorne Passaic County NJ

Lemon Law lawyer in Passaic County, NJ Gary M. Didieo, Esq. can help you sue to enforce your rights under the NJ Lemon Law. The NJ Lemon Law protects consumers in Passaic County, NJ who purchase or lease a defective motor vehicle. The NJ New Car Lemon Law applies to new vehicles which are still under 24,000 miles and under two years from the date of original delivery. The NJ Used Car Lemon law generally covers vehicles under 100,000 miles which are less than 7 years old and under warranty. Passaic County Lemon Law lawyer Gary M. Didieo may be able to help you get a refund, replacement or damages for your “lemon”.

Your vehicle might be a “lemon” if you have had the same issue repaired at least three times or the vehicle has been out of service for a total of twenty days for a single issue. The defect must also substantially impair the use, value or safety of the vehicle. You must give the dealer written notice and a final opportunity to repair the vehicle before you can file a Lemon Law claim. Attorney Gary M. Didieo, Esq. assists Passaic County NJ residents with sending the required written notice and filing Lemon Law claims.

Call Gary M. Didieo, Esq. today at 201-213-0883 to schedule a Lemon Law consultation at his office in Passaic County, NJ. Mr. Didieo represents Passaic County residents from Clifton, Haledon, Hawthorne, Little Falls, North Haledon, Passaic, Paterson, Pompton Lakes, Prospect Park, Ringwood, Totowa, Wanaque, Wayne, West Milford and
Woodland Park.

Post in: Consumer Law
Aug 5

Citations Issued After Homeowners File Complaints Against NJ Contractors

Citations Issued After Homeowners File Complaints Against NJ Contractors – 89 Contractors in NJ were recently cited for violations of the NJ Contractor’s Registration Act, the Home Improvement Practices Regulations and the Consumer Fraud Act. Notices of violation were announced on July 30, 2015, alleging violations from failing to register and carry proper insurance to not completing the work they that the contractors agreed to perform.

Forty contracting business in NJ were cited for being unregistered, and authorities said the majority of those companies were also the subject of consumer complaints. The contractors have been ordered by the state to pay the consumers restitution from $200 to $35,905.

Of the remaining contractors cited, 23 were ordered to pay restitution from $2,250 to $25,900 as a result of complaints filed by consumers. The remaining 29 contractors were cited for administrative violations.

In 2015, the Division of Consumer Affairs has issued violations to 120 contractors and ordered over $1,000,000.00 in restitution and penalties.

If you have been the victim of contractor violations in NJ, call Didieo Law Firm, LLC today at 201-213-0883 to schedule a consultation with a lawyer experienced in suing NJ contractors for violations of NJ laws and regulations.

Post in: Consumer Law
Jul 30

File a Complaint against a Contractor in NJ

File a complaint against a contractor in NJ – Many of my clients ask for my assistance when they want to file a formal complaint against a contractor with the State of New Jersey in addition to filing a lawsuit against them. The New Jersey Division of Consumer Affairs requires home improvement contractors  to register with the State pursuant to the New Jersey Contractor’s Registration Act, N.J.S.A. 56:8‐136 et seq., and provides a formal process where homeowners or their attorneys can file a complaint against a NJ home improvement contractor. The Director of the Division of Consumer Affairs has the power to suspend or revoke a NJ home improvement contractor’s registration, or assess a penalty, upon proof that the the contractor:

  1. Has obtained a registration through fraud, deception or misrepresentation;
  2. Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
  3. Has engaged in gross negligence, gross malpractice or gross incompetence;
  4. Has engaged in repeated acts of negligence, malpractice or incompetence;
  5. Has engaged in professional or occupational misconduct as may be determined by the director;
  6. Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by the Contractor’s Registration Act;
  7. Has had his authority to engage in the activity regulated by the director revoked or suspended by any other state, agency or authority for reasons consistent with this section;
  8. Has violated or failed to comply with the provisions of any act or regulation administered by the director; or
  9. Is incapable, for medical or any other good cause, of discharging the functions of a licensee in a manner consistent with the public’s health, safety and welfare.

If you have been a victim of an unscrupulous contractor in NJ and you want to file a complaint against him, call Didieo Law Firm, LLC today at 201-213-0883 to schedule a consultation to discuss filing a lawsuit and/or complaint against a home improvement contractor in NJ.

Post in: Commercial Law, Consumer Law
Mar 25

When can you sue a NJ contractor under the Consumer Fraud Act?

In New Jersey, you can sue a home improvement contractor under the Consumer Fraud Act when:

1. The contractor uses any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation in connection with the advertisement, sale or performance of his services;

2. The contractor knowingly conceals, suppresses or omits any material fact; or

3. The contractor violates certain statutes or regulations designed ot implement the Consumer Fraud Act. Such laws include the Home Improvement Practices regulations and the Home Improvement Contractor Registration Act. Among other things, these laws prohibit the contractor from:

  • Failing to register with the Division of Consumer Affairs;
  • Failing to provide the consumer with a written contract;
  • Failing to provide the consumer with written change orders;
  • Failing to provide the start and end dates in the contract;
  • Delaying work without reason;
  • Requesting that the consumer sign a certificate of completion or make final payment before the work is complete;
  • Failing to obtain the proper permits;
  • Failing to provide guarantees and warranties in writing;
  • Falsifying the contract price; and
  • Pressuring the consumer to begin work when no agreement has been reached.

This list is not meant to be exhaustive. There are many other actions and inactions which constitute consumer fraud by a NJ contractor.

A successful New Jersey Consumer Fraud Act claimant may be awarded treble (triple) damages, attorney’s fees and court costs. If you have been a victim of New Jersey Consumer Fraud by a contractor, call Gary M. Didieo, Esq. at Didieo Law Firm, LLC today to arrange a consultation to discuss the possibility of filing a New Jersey Consumer Fraud Act claim against your contractor. Gary M. Didieo represents consumers in NJ Consumer Fraud Act lawsuits in Bergen, Passaic, Morris, Hudson and Essex counties, and throughout the entire State of New Jersey.

Post in: Commercial Law, Consumer Law, Uncategorized
Mar 5

Bergen County Contractor Sentenced for Thefts could be sued under New Jersey Consumer Fraud Act

A New York home improvement contractor, Joseph Fienga, was sentenced Friday in Hackensack to three years in prison after being convicted of stealing tens of thousands of dollars from three Bergen County homeowners. Joseph Fienga did little or no work on the contracts in Ramsey, New Milford and Fair Lawn, New Jersey despite receiving large sums of money from the homeowners, prosecutors alleged. Judge Guida also ordered Fienga to make restitution of more than $30,000.

The sue the constractor under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-2 et seq.,  and the Home Improvement Practices regulations, N.J.A.C. 13:45A-16.1 et seq. The New Jersey Consumer Fraud Act prohibits “the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with” home improvement services. The Home Improvement Practices Regulations further define specific unlawful home improvement contractor practices.

A successful New Jersey Consumer Fraud Act claimant may be awarded treble (triple) damages, attorney’s fees and court costs. If you have been a victim of New Jersey Consumer Fraud by a contractor, call Gary M. Didieo, Esq. at Didieo Law Firm, LLC today to arrange a consultation to discuss the possibility of filing a New Jersey Consumer Fraud Act claim against your contractor. Gary M. Didieo represents consumers in NJ Consumer Fraud Act lawsuits in Bergen, Passaic, Morris, Hudson and Essex counties, and throughout the entire State of New Jersey.

Post in: Consumer Law, Criminal Law
Feb 25

Bergen County NJ Consumer Fraud Act plaintiff’s lawsuit against Continental dismissed

A NJ Consumer Fraud Act plaintiff, Michael Rosen or Ridgewood, Bergen County, NJ, sued Continental Airlines, now known as United, after he was unable to buy a set of headphones or alcohol using cash on a flight in 2010.

He sued for breach of contract, unlawful discrimination against low-income people who don’t possess credit cards and violation of New Jersey’s Consumer Fraud Act.

A lower court judge dismissed the case and Rosen appealed. The appellate division panel upheld dismissal, concluding that federal airline deregulation law pre-empts claims under state law and that the plaintiff didn’t have standing to bring a class action on behalf of low-income people.

Attorney Gary M. Didieo represents consumers in NJ Consumer Fraud Act lawsuits in Bergen, Passaic, Morris, Hudson and Essex Counties, and throughout the entire State of New Jersey.

Post in: Consumer Law
Feb 1

Will I lose my home if I file for bankruptcy?

One of my clients’ major concerns in a consumer bankruptcy is the thought of losing the family home. Although that is possible in some cases, loss of the home is not very common.

If the debtor in a Chapter 7 liquidation bankruptcy is behind on his or her mortgage payments, the home could be lost. In such cases, the mortgage lender usually asks the bankruptcy court for permission to institute foreclosure proceedings despite the pending bankruptcy. When a debtor is current on his or her mortgage payments, whether the debtor will lose his or her house depends on how much equity the debtor has in the property and whether that equity is exempt under state law or federal bankruptcy law. If the amount of the debts owed on the home is less than the home’s market value, the debtor could lose the house unless the applicable exemption entitles the debtor to retain most of the equity.

In a Chapter 13 proceeding, however, even if the debtor is behind on mortgage payments, if the Chapter 13 plan includes paying back any missed mortgage payments and the mortgage is otherwise current, the debtor should not lose his or her home. If the debtor is current on his or her payments, the home will not be lost if the debtor continues to make payments when due.

If the debtor is a renter rather than a homeowner, the law is complex and the advice of an attorney important. Under most circumstances, if the landlord wins the right to evict the debtor-tenant before the bankruptcy is filed, the automatic stay will not stop the eviction proceedings. An eviction may also survive the automatic stay if the tenant is endangering the property or using illegal substances on the premises. However, these provisions may apply differently to those with public-housing leases.

Usually a residential lease can be “assumed” in bankruptcy and the debtor-tenant can continue to live there and pay rent according to the lease terms, but certain deadlines may have to be met for the lease not to be considered rejected.

Post in: Bankruptcy, Consumer Law, Real Estate Law