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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
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Cranbury, NJ 08512
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The law protects those in the pursuit of their livelihood. The right to pursue the real estate brokerage business is one of the property rights and interest which the law protects against unlawful interferenceSee footnote 1. A person who unjustifiably interferes with the contract of another is guilty of a wrong. The protection of the law is not limited only to those contracts already made, but also protects a persons interest in a reasonable expectation of economic gainSee footnote 2. When a party contracts with a real estate broker, the broker agrees to use his/her knowledge of what property is or can be made available and who is or can be interested in a given parcel, in return for a commission if he/she succeeds in bringing buyer and seller together at terms agreeable to both. In the practical world of business dealings, the broker trusts that those who accept or seek his/her services will not cheat him/her of the fruit of his/her labors. In order to show that a party has interfered with the brokers expectation of economic gain from the successful performance of his/her services as a broker, the broker must prove several elements of his/her claim:

FIRST: The broker must prove the existence of an agreement between himself/ herself and the seller of the property, under which agreement the seller agreed to pay the broker a commission. SECOND: The broker must prove that the defendant had knowledge of the agreement between the broker and the seller. THIRD: The broker must prove that the defendant intentionally, and maliciously, that is, with motive to harm and without justification, interfered with the contractual relation existing between the broker and the seller by inducing, procuring or causing a breach of termination of the agreement,See footnote 3or if he/she did not act out of sheer malice, but rather for profit or to enhance his/her financial position, then it must be shown that his/her conduct went beyond or transgressed generally accepted standards of morality; that is, a violation of standards of socially acceptable conduct.See footnote 4FOURTH: The Broker must also prove it is reasonably probable he/she could have found a purchaser willing and able to buy on the sellers terms as

communicated to the broker and thus would have received the anticipated economic benefit.See footnote 5Cases: Harris v. Perl, 41 N.J. 455 (1964), suit by broker against purchaser and others, involving interference with contractual relations and interference with reasonable expectations of economic advantage; George H. Beckmann, Inc., v. Charles H. Reid & Sons, Inc., 44 N.J. Super. 159 (App. Div. 1957), broker had oral listing from seller and recovered damages from purchaser; Sustick v. Slatina, 48 N.J. Super. 134 (App. Div. 1957); Wear-Ever Aluminum, Inc., v. Townecraft, etc., Inc., 75 N.J. Super. 135 (Ch. Div. 1962); Kurtz v. Oromland, 33 N.J. Super. 443 (Ch. Div. 1955), malice as necessary element of action for malicious interference with contract, meant intentional commission of wrongful act without just case or excuse; as to suit against owner, see Brenner and Co. v. Perl, 72 N.J. Super. 160 (App. Div. 1962), motion for summary judgment denied; Louis Schlesinger Co. v. Rice, 4 N.J. 169 (1956); Louis Kamm, Inc. v. Flink, 113 N.J.L. 582 (E. & A. 1934).


For distinction between the tort of interference with contractual relations, and interference with the opportunity to enter into an advantageous business relationship, see Fitt v. Schneidewind Realty Corp., 81 N.J. Super. 497 (Law Div. 1963), involving suit by broker against purchaser.

The mere fact that a contract is unenforceable between the parties affords no justification for the act of a third person who, for his/her own purposes, takes steps which prevent its performance by one of the parties to it, who, although not bound to execute it, is willing and anxious to do so.

Prosser, Tort (2nd Ed.) Sec. 726; 1 Harper & James, Sec. 6.7 (1956); AALFO Co., Inc. v. Kinney, 105 N.J.L. 345, 347 (E. & A. 1929); Louis Kamm, Inc. v. Flink, 113 N.J.L. 582, 591 (E. & A. 1934); George H. Beckmann, Inc. v. Charles

H. Reid & Sons, Inc., 44 N.J. Super. 159 (App. Div. 1957) at p. 165; Harris v. Perl, 41 N.J. 455 (461), and cases therein cited.

But see: Tanenbaum v. Sylvan Builders, 50 N.J. Super. 342 (App. Div. 1958) which holds that an unlicensed broker cannot sue for tortious interference with a real estate commission contract, affirmed in 29 N.J. 62 (1959) but modified to permit the cooperating New Jersey broker to sue on his/her commission agreement.

Myers v. Arcadio, Inc., 73 N.J. Super. 493 (App. Div. 1962); C.B. Snyder Realty Co., Inc. v. Seaman Bros., Inc., 79 N.J. Super. 88 (App. Div. 1963); Sustick v. Slatina, 48 N.J. Super. 134 (App. Div. 1957); Fitt v. Schneidewind Realty Corp., 81 N.J. Super. 497 (Law Div. 1963); Harper and James Law of Torts, (1956), Sec. 6.11, p. 510; DiCristofaro v. Laurel Grove Memorial Park, 43 N.J. Super. 244 (App. Div. 1957); Weinstein v. Clementsen, 20 N.J. Super. 367 (App. Div. 1952) (as to competing real estate brokers).

Footnote: 1Louis Kamm, Inc. v. Flink, 113 N.J.L. 582 (E. & A. 1934)

Footnote: 2Harris v. Perl, 41 N.J. 455 (1964)

Footnote: 3McCue v. Deppert, 21 N.J. Super. 591 (App. Div. 1952); DiCristofaro v. Laurel Grove Memorial Park, 43 N.J. Super. 244 (App. Div. 1957); Sustick v. Slatina, 48 N.J. Super. 134 (App. Div. 1957)

Footnote: 4Lesli Blau Co. v. Alfieri, 157 N.J. Super. 173 (App. Div. 1978)

Footnote: 5Myers v. Arcadio, Inc. 73 N.J. Super. 493 (App. Div. 1962)

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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.


Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

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