curb assessment

What is the name of your state?What is the name of your state? new jersey....i've been living in my house for about 3 1/2 years...i just got notice of a curb assessment, over $1000...for the new curbs that were installed about a year before i bought my house...the curb assessment never came up at my closing....it just so happens that a family member is self employed by doing tax searches. he does alot for the title company that did the title work on my house..a family member did the tax search on my house and omitted the unconfirmed curb assessment..if I go after the title company for the curb assessment amount they will go after my family member for the mistake and may eventually give him less work because of his mistake, so i don't want to do this........but can I go after the seller of my house.....I have a copy of his afadavit of title, which part of says that he, the seller states that any assessments have been paid for in total , the seller knew that at the time of closing the curb assessment was unconfirmed and that the bill would eventually come due to me as the new owner....so my question is can I take the seller to small claims for the amount of the curb assessment since he signed a false afadavit, knowing that the curb assessment was not paid for at the time of closing...and if i can what is the likely of a decision in my favor?.thanks