In Newell v. Krause, the Supreme Court of Kansas addressed a broker's claims of
fraud against a buyer, a seller, and related corporations.
Not exact matches
This is, in part, a quality control feature to protect
against fraud and also an underwriting requirement to determine the
buyer qualifications as a borrower.
Appraised value is often used directly by mortgage lenders to make sure a loan issued
against the property is not inflated and to prevent
fraud from
buyers and sellers working in collusion.
Defended client in real estate dispute
against buyer's allegations of
fraud and failure to disclose material information.
Institutions from the Insurance Research Council to the National Association of Insurance Commissioners urge prospective
buyers to «shop around» to get better coverage and to protect themselves
against insurance
fraud.
The
buyers filed a lawsuit in 2001
against the salesperson alleging
fraud.
The nine
buyers brought a lawsuit
against the Beemans, the Company, the Lender, and the Appraiser for engaging in a conspiracy to defraud,
fraud, violations of the state's consumer protection act («Act»), and negligent misrepresentation.
They then brought a lawsuit
against the
Buyer's Representative and the Brokerage, alleging breach of contract, breach of fiduciary duty, and
fraud.
The trial court had found that while the Appraiser and Lender may have acted with conscious disregard of the false statement made to the
buyers, there was no evidence that they had actual knowledge of the Beeman's
fraud and so the trial court did not submit the punitive damage claims
against the Appraiser and the Lender to the jury.
The sellers claimed
fraud, negligent misrepresentation, and breach of fiduciary duty
against the
buyer and the
buyer's representative, arguing that the
buyer did not make a good faith effort to secure financing, and that the
buyer's representative failed to notify the lender that the sellers had agreed to lower the purchase price.
The
Buyer filed a lawsuit
against the Firm for the Broker's alleged failure to disclose the erosion on the property, alleging
fraud and seeking punitive damages for the Broker's conduct.
The
Buyer brought a lawsuit
against the Developer, claiming that the Developer misrepresented the Neighbor's disruptive behavior and alleged negligent misrepresentation, consumer
fraud allegations, and negligent infliction of emotional distress.
The court affirmed the dismissal of all defendants except the
buyer,
against whom it affirmed the finding of
fraud and award of $ 171,000 actual damages and $ 150,000 punitive damages.
A Maine federal court has considered whether a seller of a vacation home can successfully allege
fraud against a broker when the only remedy sought by the seller was rescission of the purchase agreement between a
buyer and seller.
The
buyer brought suit
against the seller, claiming
fraud and failure to comply with the state's disclosure statute.
An Illinois court has considered whether a brokerage could bring a lawsuit for
fraud and conspiracy
against lender and
buyers for failed transactions.
He filed a lawsuit
against the former owner, the Listing Broker, and the
Buyer's Representative alleging
fraud and negligent misrepresentation
against all the parties, and breach of fiduciary duty allegations
against the
Buyer's Representative.
The Supreme Judicial Court of Massachusetts addressed allegations by
buyers against a vendor bank for
fraud and violations of the business practices act.
In Mouning v. Carswell, the Superior Court of Connecticut addressed allegations of
fraud, negligence, and breach of contract by a
buyer against a broker.
The court affirmed the dismissal of the
fraud allegations
against the
Buyer's Representative because the
Buyer had not properly plead those allegations.
Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)-
buyer's action
against seller for
fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action
against brokers severed;
buyer's claim of
fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover,
buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to
buyer that the house was in good condition
Unfortunately for the
buyer, the OUTSIDE title company did not follow some very simple procedures, which are required at Trident, to protect
against wire
fraud.
The
Buyers filed a lawsuit
against the Brokerage alleging
fraud, claiming that they were damaged by the Brokerage's failure to inform them of the square footage difference and also the Brokerage's failure to give them a copy of the appraisal for the property prior to closing.
Next, the court considered whether the
Buyers could allege
fraud against the Brokerage, absent an agency relationship with the Brokerage.
The
Buyer filed a multicount lawsuit
against the
Buyer's Representative, Listing Broker, and the Seller alleging violations of the state's property condition disclosure law,
fraud, breach of contract, negligence, and deceptive trade practices.
One of the claims made
against both licensees was that the
Buyer's Representative and the Seller's representative had failed to register their business names with the Secretary of State and thus violated the state's consumer
fraud statute.
The
Buyer alleged that the Broker was liable for fraudulent concealment, negligent misrepresentations, and violations of the state's Consumer Protection Act, a statute which protects consumers
against fraud.
The
Buyer brought a lawsuit, alleging that the Broker was liable for fraudulent concealment, negligent misrepresentations, and violations of the state's Consumer Protection Act («Act»), a statute which protects consumers
against fraud.
The
Buyers spent over $ 20,000 remedying these problems and then filed a lawsuit
against the Sellers alleging breach of contract and
fraud.
HomeVestors of America, the «We Buy Ugly Houses» company, is cautioning home
buyers against unscrupulous practices and lender
fraud.