Real Estate Fraud
Under California state law, real estate buyers, sellers, and agents are obligated to disclose all known material facts that may affect the buyer’s choice. This can include construction defects that are known at the time of sale, clouds on a property’s title, and generally any other issue that may affect a property’s value. Disclosure is even required when properties are sold “as-is”. Any failure to disclose or otherwise misrepresent a piece of real estate is considered real estate fraud.
Much like personal injury lawsuits; our first step will be to prove that the other party is at fault. If, for example, you purchase a home with a cloud on its title, which was not disclosed, we can prove through a title search that the seller knew this information, and failed to make the buyer aware.
If we can build a timeline for a property’s title and prove that the current buyer was not made aware of an accurate and fully updated timeline, we have proven the failure to disclose and can move forward with the case. Similarly, if the fraud you are experiencing is a breach of contract, our first step will be to collect evidence on how the other party violated your contract.
As the victim of real estate fraud, you may seek several different types of remedies. These remedies include compensatory damages for money lost due to the fraud, punitive damages which are meant to put a financial strain on the perpetrator, and rescission, which is essentially a sale cancel. Once we have established that a fraud has actually taken place, we will move on to determining which of these remedies will make it right.
Mark Martinez is very familiar with real estate law in Southern California. Don’t trust anyone else with your case.
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