Port Saint Lucie, FL asked in Contracts and Real Estate Law for Florida

Q: Real estate agent:email hacked, hacker sends incorrect wiring information the morning of the closing before I can call.

Am I at fault? Florida agent.

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2 Lawyer Answers
Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: You are definitely on the short end of the wrong stick - See this link for an article I wrote exactly on this situation - where your email was infiltrated with a malware that took control of your email. See this link: YOUR EMAIL IS BEING WATCHED = YOUR CLIENTS VICTIMIZED : THE HACK STORY - http://actvra.in/4Ph6 (you will probably have to type this into your address line in your computer.)

The above link is an article that was reproduced in some Realtor newsletters and The Fund's Real Estate Council magazine.

As for liability, you need to advise your broker, advise your liability carrier (since this is an issue probably with your personal email, you should advise both your homeowner's insurance and your professional liability insurance underwriters). I suppose the banks for the buyer (who sent the money to the phony wire instructions) was advised. It may be that they can recall the wire. Also, the thief in these scenarios is usually notoriously sloppy and they don't cross their "t's" and dot their "i's" - so the wire may in fact not have successfully gone through. There could also be liability of the party that was to receive the funds - for them not properly safeguarding the wire instructions - if it was their email that was compromised.

Start with the bank, since it is time sensitive. Then the broker and insurance carriers. And good luck.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: I agree with Mr. Zaretsky's answer, but it sounds like to me you are dealing with someone who is familiar with your daily business. Maybe they just got lucky but it seems like they knew when to strike. You may want to contact Attorney General Pam Bondi's office to see if the cyber crimes division can assist in trying to track down the opportunistic thief.

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