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Thursday, January 15, 2015

CHRISTINE A. DISPENZIERE, ET AL. VS. KUSHNER COMPANIES, ET AL. A-3022-13T4


CHRISTINE A. DISPENZIERE, ET AL. VS. KUSHNER COMPANIES, ET AL.
A-3022-13T4
Plaintiffs, who purchased condominium units in a real estate development that the project developer allegedly failed to complete, appeal from an order directing their statutory and common-law claims to arbitration. Following Atalese v. United States Legal Services Group, L.P., 219 N.J. 430 (2014), we conclude that the arbitration provision in the parties' purchase agreements is unenforceable because it lacked any language that would inform unit buyers that they were waiving their right to seek relief in court. We also hold that the fact that many of the purchasers were represented by counsel during the real estate transaction does not suffice to cure the inadequacy of the contractual arbitration provision.