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Los Angeles Real Estate Fraud Lawyers

Goodkin APC is a boutique California law firm that maintains a keen focus on real estate law, insurance coverage and risk management. Based in Los Angeles, our real estate fraud attorneys have the comprehensive knowledge and proven trial skill necessary to fully defend our clients’ investments and interests.

We routinely represent both residential and commercial real estate developers and other clients in cases involving the alleged misrepresentation, nondisclosure or concealment of material facts. We also handle disputes over alleged breaches of fiduciary duty on the part of real estate brokers and agents. In addition, our law firm provides vigorous representation in cases involving:

  • Deceptive timeshare purchases or agreements
  • Disguising signs of mold in the building
  • Failure to disclose construction defects
  • Foreclosure bailouts
  • Fraudulent title transfers
  • Home equity and home renovation fraud
  • Loan modification scams
  • Misrepresentation of property features
  • Rental or mortgage fraud
  • Other types of real estate fraud

The Legal Duty Of Disclosure In California

Real estate buyers, sellers and agents have certain legal obligations under California law. One of the most important obligations is the duty to disclose all known material facts that would affect the buyer’s choice. This includes any known construction defects, any clouds on the property’s title and any other issues that may influence the value or desirability of the property in question.

The seller’s broker also has the duty to disclose his or her knowledge of any material facts that are unknown to the buyer and that may influence the decision to purchase the property. Even in situations where the property is sold “as is,” the seller and his or her agent are not absolved from their duty to disclose. Failure to make the buyer aware of pertinent facts can constitute real estate fraud.

Legal Remedies For Real Estate Fraud In California

Recognizing and addressing potential real estate fraud is crucial, particularly for older adults who may be targeted due to the equity in their homes. Fraud can manifest as mortgage scams, where con artists impersonate homeowners to secure loans, leaving seniors at risk of foreclosure. Warning signs of real estate fraud include pressure to take out rapid debt-relief loans, requests for personal information prematurely or caretakers urging property transfers. If you suspect that you or another has found yourself in this situation, you do have options.

There are several remedies for people who have been defrauded under California law. The two main options that victims can pursue are claims for monetary damages against those who wronged them, as well as a claim for rescission. A claim for money damages could take many forms, but the essential goal is to recover money to make the victim whole from the fraudulent transaction that occurred. Alternatively, a rescission action is a tool for equitable relief by which the victim can ask a court to cancel the fraudulent contract as if it never happened. Both remedies have benefits that may suit different victims’ circumstances, so it is important to meet with an attorney to understand which option is the most suitable for a specific case.

What Is The Legal Duty Of Disclosure In California?

In California’s real estate market, stringent laws mandate that sellers have a duty to provide thorough written disclosures to prospective buyers. This critical documentation, known as a transfer disclosure statement, is compulsory for various types of dwellings, from single-family homes to high-rise condominiums and mobile homes. Failure to adhere to this duty can render a seller or broker legally accountable for any resulting damages.

Material facts that could sway a property’s value and appeal, including its physical state and any previous inspection reports, must be meticulously reported. Notably, the necessity for disclosure persists even in “as is” sales, as affirmed by the Loughrin v. Superior Court case. Those navigating real estate transactions are advised to seek knowledge from a seasoned Los Angeles real estate fraud attorney to safeguard their interests.

Reach Out To Our Team Of Los Angeles Real Estate Fraud Attorneys

Call Goodkin APC at 310-853-5730 or send us an email to arrange a consultation with one of our experienced real estate litigation lawyers.