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REAL ESTATE FRAUD CLAIMS

 

WHAT IS REAL ESTATE FRAUD?

In Florida, when the seller of a home knows of facts that materially affect the value of the property but are not readily observable or known to the buyer, the seller is under a duty to disclose them to the buyer. Unfortunately, many homeowners often fall victim to real estate fraud. Real estate fraud can happen to anyone, experienced property buyers or first-time homeowners.

Many times, home sellers will mistakenly try to rely on the fact that the Real Estate Purchase and Sale Contract says it is an “As-Is” contract. Even if a real estate contract is an “As-Is” contract, that does not give the sellers the right to misrepresent or fail to disclose problems with the home. An “As-Is” clause in a contract for the sale of residential real property does not waive the duty imposed to disclose hidden defects in the property, and home sellers are legally required to disclose known problems with the home that could materially affect the value of the home.

Common conditions that home sellers try to hide from homebuyers can include:

  • Water intrusion issues
  • Plumbing problems
  • Pipe leaks or air conditioning leaks
  • Mold & environmental issues
  • Roofing issues
  • Foundation issues
  • Settlement issues
  • Sinkhole issues
  • Electrical issues
  • Fire/Smoke damage
  • Termite damage
  • Boundary disputes
  • Homeowners’ association issues

If you have purchased a home and discover problems that you believe the sellers knew about but failed to disclose, you might have legal recourse against the sellers.

Creating Positive Outcomes

General Other CLAIM FAQS

Signs of real estate fraud may include unexpected changes in property values, missing or altered documents, undisclosed property defects, or unexpected fees at closing. If something feels off or you discover discrepancies after the transaction, seek legal advice immediately to explore your options.

If you’ve been defrauded, you may have several legal options, including filing a lawsuit against the responsible parties, seeking damages for financial losses, or rescinding the transaction. Consulting with an attorney can help you determine the best course of action based on your situation and ensure that your rights are protected.

Yes, depending on your insurance policy, you may be able to file a claim if the fraud has led to a covered loss, such as title insurance claims for undisclosed liens or defects. Review your policy and consult with an attorney to understand the coverage and how to proceed with your claim.

If you suspect real estate fraud, gather all related documents and evidence, and contact a qualified attorney without delay. Early legal intervention is critical in protecting your interests and preventing further harm. An attorney can guide you on the next steps, whether it involves contacting authorities, filing claims, or initiating legal action.

In Florida, you generally have four years from the date you discovered or should have discovered the fraud to file a lawsuit for real estate fraud. This time frame is critical; missing the deadline could prevent you from pursuing legal action. If you suspect fraud, it’s essential to consult with an attorney as soon as possible to ensure your rights are protected and that you take timely legal action.

Key documents to prove real estate fraud may include the purchase agreement, title reports, inspection reports, correspondence between parties, and any records of payments or appraisals. An attorney can help you identify and gather the necessary evidence to build a strong case.

Not all real estate fraud cases go to trial; many are resolved through settlements or negotiations. However, if a fair settlement cannot be reached, we are prepared to take your case to court to fight for your rights. Your attorney will guide you through the process, whether it involves litigation or settlement.

The outcomes of a real estate fraud claim can vary depending on the case's specifics. Potential outcomes include financial compensation for your losses, rescission of the fraudulent transaction, and, in some cases, punitive damages against the responsible party. Your attorney will work to achieve the best possible result based on your circumstances.

Murray Law Group provides comprehensive legal support to clients facing real estate fraud. We thoroughly investigate the situation, evaluate your legal options, and work to hold the responsible parties accountable. Our goal is to ensure you receive the compensation and justice you deserve, guiding you through each step with personalized attention and expertise. Contact us today for a free consultation.

CONTACT MURRAY LAW GROUP TODAY FOR A FREE CONSULTATION

The attorneys at Murray Law Group have the knowledge and experience to represent you the homeowner when a dispute arises or a claim is made concerning the nondisclosure of defects and other conditions discovered before or after the sale of a home. Call us today (813) 567-5600 for a free consultation.

CALL A FIRM WITH 50+ YEARS OF EXPERIENCE

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Murray Law Group’s Florida insurance attorneys have recovered hundreds of millions for thousands of clients in Florida. Our award-winning team has the expertise and in-depth knowledge to build strong cases for victims of bad faith insurance claims.