Home Inspectors Not Exempt From NJ Consumer Fraud Law

Law360 (August 16, 2019, 10:01 PM EDT) -- Home inspectors are not exempt from liability under the New Jersey Consumer Fraud Act because there is “no direct and unavoidable conflict” between that statute and other regulations governing them, a state appeals court said in a published opinion that revived a couple’s claims against a former inspector.

The panel said Thursday that a trial court was wrong last year to toss those claims against Brian Shand and his business under the so-called “learned professional” exemption to CFA liability solely because home inspectors are subject to other regulations. Plaintiffs Thomas and Jodi Shaw sued Shand over his allegedly shoddy inspection report...

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