San Diego Real Estate Fraud Lawyer

SAN DIEGO REAL ESTATE FRAUD LAWYER

California law protects consumers from real estate fraud by imposing various duties of care and loyalty on real estate agents and brokers. Real estate fraud can take many forms, but a typical real estate fraud case involves the following components:

The liable party:

  • Misrepresented or concealed a material fact about the property in question.
  • Was aware the material fact was misrepresented or not disclosed.
  • Intended to deceive the victim.

The victim:

  • Relied on and trusted the misrepresentation in going forward with the deal.
  • Suffered various damages as a result of the misrepresentation or non-disclosure.

We represent real estate buyers, sellers, owners and other stakeholders who have been victims of real estate fraud. We are experts at defending our clients from real estate fraud and holding those accountable for perpetuating fraudulent schemes.

WHAT TO DO IF YOU WERE A VICTIM OF REAL ESTATE FRAUD

If you believe you were a victim of real estate fraud, there are some important steps to follow to protect your legal rights:

  • Record the name, address and phone number of all people and companies involved.
  • Obtain copies of all documents you signed, or that were given to you.
  • Obtain records of all payments made or received.
  • Contact an experienced real estate fraud lawyer without delay.

Real estate fraud is an intentional act which requires detailed knowledge of the applicable laws and thus may be perpetrated by real estate professionals such as realtors, mortgage brokers, property appraisers and “foreclosure consultants.” Real estate professionals are also liable for negligent mistakes, errors and omissions which were not intentional. Some real estate professionals have liability insurance for negligence related to their duties. In that case, expect the insurance companies to do everything in their power to avoid financial responsibility and deny your claim. From our experience, you will need a skilled attorney to make a complete recovery. As such, we recommend contacting an experienced real estate fraud attorney as soon as possible if you believe you were a victim of real estate fraud.

TYPES OF REAL ESTATE FRAUD

There is no exhaustive list of real estate scams, but here are some of the most common ways real estate fraud arises:

  • Mortgage Fraud: Occurs when a person intentionally omits or falsifies information on a mortgage application to secure a loan that the lender otherwise would not have given the applicant.
  • Foreclosure Scams: Typically perpetrated by a “foreclosure expert” who persuades the victim to sign away the title of their home under the false pretense that they will be able to keep their home by doing so.
  • Predatory Lending: Predatory lending practices include: using false appraisals to sell property for an artificially high value, encouraging borrowers to lie or misrepresent their finances in order to get a loan, knowingly lending more money than a borrower can pay, charging unfairly high interest rates and charging fees for unnecessary or nonexistent services.
  • Rental Scams: Rental scams happen when a property owner or tenant misrepresents themselves or the terms of an available property. Rental scams may target property owners or renters. A common rental scam is “rent skimming,” where the owner of a property collects rent from tenants but fails to pay the mortgage loan (thus pocketing the cash).

Other types of real estate scams include but are not limited to developer fraud, lender fraud, breach of contract, phantom help scams, forgery and straw buyer schemes.

REMEDIES AVAILABLE TO VICTIMS OF REAL ESTATE FRAUD

If you were a victim of real estate fraud, you may have a number of remedies available to you depending on the circumstances of the case. You may be entitled to specific performance of a contract (meaning the contract must performed strictly or substantially to its terms), rescission of a contract, damages and restitution for losses suffered, punitive damages for wrongful conduct and other compensation.

HOW WE CAN HELP YOU

Proving fraud typically requires the skill of an experienced lawyer. James Iagmin is known in the legal community for being an outstanding attorney and also for being kind, compassionate and intelligent. Jim is recognized as a leader among attorneys and served as President of the Consumer Attorneys of San Diego. Jim has received a number of honors and awards for his skill as a lawyer and has a proven track record of achieving the best possible results for his clients. You can read more about what Jim’s former clients and fellow lawyers say about him on AVVO .

Our attorneys at Williams Iagmin, LLP are here to answer your questions about fraud, breach of contract and other types of business and real estate disputes. We are a small law firm and we take pride in giving each case the attention and prioritization it deserves.

 

SCHEDULE A COMPLIMENTARY STRATEGY SESSION WITH A TOP SAN DIEGO REAL ESTATE FRAUD LAWYER

Complete this form to schedule an appointment with us. You will have the opportunity to meet with one of our San Diego real estate fraud lawyers and learn legal strategies which may help you achieve the results you want. You will receive a well written summary of the facts of your case for free. Do not delay, as you may lose valuable legal rights by doing so.