Panel: Developer Waived Communications’ Privilege By Placing Them In Issue

(September 7, 2018, 1:35 PM EDT) -- TRENTON, N.J. — Because a real estate developer’s misrepresentation and fraud claims are based on assertions of reliance on a broker’s statements about a property, a New Jersey appeals panel on Sept. 4 found that any asserted privilege in the developer’s communications with its counsel on the misrepresentations was waived by being put in issue as a basis for the claims (Amerestate Holdings LLC, et al. v. CBRE Inc., et al., No. A-2416-17T3, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 2025)....

Attached Documents

Related Sections