Broker Fraud Questions & Answers by State

Broker Fraud Questions & Answers

Q: Can a listing agent refuse to go to any of her clients about my offers. Every house I like she is listing.

1 Answer | Asked in Broker Fraud, Civil Rights and Real Estate Law for Illinois on
Answered on Jan 17, 2018

Take these facts to a lawyer's office. Something is seriously wrong if a listing agent in a brokerage you ware working with is telling people you are a risk. If your realtor is telling you the listing agent says this, I would question whether the realtor is telling you the truth.
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Q: I am looking for an atty, 1) admitted to federal court, to file a suit against a forensic accountant, I have the proof

1 Answer | Asked in White Collar Crime, Estate Planning, Securities Law and Broker Fraud for Alabama on
Answered on Jan 13, 2018

I'm sure you can find an attorney who will consider taking your case, if you look hard enough and if your case has merit. An attorney can sue the accounting firm, the trustee and the trust attorney. He or she cannot file criminal charges, or even threaten to file criminal charges, and cannot sue the E&O carrier. If a person or company with E&O insurance is sued, they contact their E&O carrier, who may or may not step in and defend.

WARNING: I am not your lawyer and providing you...
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Q: Can real estate salespersons legally set their own commission rate or their supervising brokers have legal final say?

1 Answer | Asked in Broker Fraud and Real Estate Law for Virginia on
Answered on Jan 12, 2018

You are a sales agent for your broker. You do not define much of anything for your broker as a matter of law. But, as a practical matter in the marketplace for decades now, agents who produce have more power than their supervising brokers. As long as you are producing and covering more than the broker's cost for you (insurance, desk, training), as well as paying whatever share you agreed to pay, you can probably write your own ticket *with the broker's approval*. Indeed, successful agents in...
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Q: I am selling a home which the buyer backed out of the contract. How can I get the escrow agent to release those funds?

2 Answers | Asked in Real Estate Law, Arbitration / Mediation Law and Broker Fraud for Florida on
Answered on Jan 11, 2018

No way to say without first reviewing the contract documents. The refund of EMD can be a tricky topic that depends upon a variety of facts. Consult with a real estate attorney in the Hollywood, FL area.
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Q: When a seller lists their home with a realtor, who owns the listing - the agent they signed with or the broker?

1 Answer | Asked in Broker Fraud and Real Estate Law for Michigan on
Answered on Dec 29, 2017

The listing is with the broker.
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Q: Someone sent me this 2202. Intentional Interference With Prospective Economic Relations via text should I worry?

1 Answer | Asked in Employment Law, Broker Fraud and Business Law for California on
Answered on Dec 28, 2017

without all the facts it is hard to analyze.

this kicks in when you are interfering with someone else's business relationship.....ie they are trying to sell, enter into contract etc and you are causing them to lose their deal etc
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Q: If a person has 40 charges of identity theft credit card forgery and credit card fraud. What would the punishment be?

1 Answer | Asked in Broker Fraud, Criminal Law, Federal Crimes and Identity Theft for Virginia on
Answered on Dec 18, 2017

It will depend on whether the alleged offenses can be proven and if yes, how many the commonwealth will proceed on. Sentencing guidelines may be increased by any prior record you have.
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Q: Misrepresentation

1 Answer | Asked in Consumer Law, Real Estate Law, Broker Fraud and Gov & Administrative Law for Wisconsin on
Answered on Dec 1, 2017

More information is needed to evaluate the facts in your inquiry. Appraisals are subjective. So it is unsurprising there are different opinions about the value of the home. This is not fraud (misrepresentation is a synonym). It may be negligence. More information is needed to see how negligent the opinion is.
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Q: How can a Realtor structure a promotion to give a portion of commission to a charity?

1 Answer | Asked in Contracts, Real Estate Law and Broker Fraud for California on
Answered on Nov 20, 2017

Your commission is yours after you receive it, and not before. It has nothing to do with the company or any "referral" fee. Are you trying to divert or delay income to avoid this years alternative minimum tax?

You don't really need a real estate lawyer. You need a lawyer who knows about California's sales and use tax that regulates non-profit transactions. Start by checking the Attorney General's Registry of Charitable trusts to check out the organization you want to do this with....
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Q: Statues for check fraud in utah

1 Answer | Asked in Broker Fraud, Criminal Law, Identity Theft and White Collar Crime for Utah on
Answered on Nov 6, 2017

Generally four years if you have been in state for the intire 4 years.
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Q: WHAT IS EXTRINSIC FRAUD

1 Answer | Asked in Broker Fraud, Civil Litigation and Landlord - Tenant for California on
Answered on Nov 6, 2017

Generally speaking, extrinsic fraud exists where one obtains a judgment in court by producing some kind of false or fraudulent evidence which could not have been discovered by the adverse party at the time it was presented, and was only discovered afterward.
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Q: Hello - Under Ca State Law is a consumer protected from a late charge if the due date falls on a closed store date?

1 Answer | Asked in Consumer Law, Contracts, Broker Fraud and Civil Rights for California on
Answered on Nov 6, 2017

You need to look at the terms of the contract you entered with the creditor. Generally speaking, if the due date is a day the business is closed, it is generally accepted practice to give a grace period until the next business day. I have not researched the Civil Code on this issue recently, but I am sure that businesses are required to extend the due date grace period until the next business day.
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Q: Can I use my checking account for providing Escrow Services? If not, how can I go about it?

1 Answer | Asked in Criminal Law, Banking, Broker Fraud and Real Estate Law for Texas on
Answered on Oct 31, 2017

I think you should be very careful as this sounds like a typical scam. Do not use your personal checking account.
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Q: Realtor told us prepoperty was part of rehab program funded by town , it was false, is that misrepresentation?

1 Answer | Asked in Real Estate Law, Broker Fraud and Landlord - Tenant for New Jersey on
Answered on Oct 22, 2017

Your details falls under "misrepresentation" that need to be followed by an Atty of your local jurisdiction. Termination of lease at the cost of the landlord with damages.
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Q: What sorts of ethical guidelines must brokers follow? How do I know if mine is unethical?

1 Answer | Asked in Broker Fraud for New York on
Answered on Sep 28, 2017

The licensing body of the brokerage (SEC, FINRA for most securities) and the local realty association + state licensing division for real estate brokers have ethical codes that must be followed. Contact me directly (preferably via email) to go over the activity and I can give you an opinion.
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Q: how do i file a civil suit for broker fraud and negligence? is a contingency possible after reviewing the merits

2 Answers | Asked in Broker Fraud, Real Estate Law and Business Law for California on
Answered on Sep 26, 2017

Sorry to hear you have gone through this situation. YOu should retain a real estate/business lawyer to file a claim.

Depending on the damages and the strength of your evidence, yes, attorneys may be willing to take this type of case on a contingency.

A full consultation would be necessary to properly advise you.

I am a real estate broker in addition to being an attorney.
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Q: Are the Florida Real Estate Laws and Rules the same through out the state of Florida?

2 Answers | Asked in Real Estate Law, Broker Fraud and Business Law for Florida on
Answered on Sep 20, 2017

Yes, the laws of Florida apply statewide. The Florida rules of court also apply statewide.

More detail is needed if you are looking for a more detailed answer than this.
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Q: Does the MLA (military lending act) cover me in this situation?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Broker Fraud for Oklahoma on
Answered on Sep 16, 2017

There is a federal Military Lending Act, but I am not aware of a state law passed in Oklahoma. The federal law does offer protections but you don't say in what way you think the MLA was violated. Please provide more information and I will evaluate. Thank you.

PS Don't let the time to answer the suit run, the predator will be able to get a judgment by default against you and you will lose your rights forever to defend yourself.

David
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Q: What I do about a sacm landlord

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Broker Fraud for Florida on
Answered on Sep 16, 2017

Your question does not provide enough information to give you a proper answer. If you are saying that you paid a deposit and now the landlord is not returning your calls, I would try to stop payment on the check. If that's not an option, I would write a letter requesting your deposit back and state the reasons why. If that doesn't work, you can file a complaint with the State Attorney's Office, which may help by getting the authorities involved. If the "scam" is due to another reason, you...
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Q: If a broker lists a bank owned house at a specified price and I offer to pay that amount, is the broker obligated by law

1 Answer | Asked in Broker Fraud and Real Estate Law for Florida on
Answered on Aug 22, 2017

Absolutely no obligation. Multiple offers is a very common situation and they may have already had other full asking price offers. Or there may already be an offer over asking and your offer, or broker is giving everyone a best and final offer chance. And an ad is not a binding contract either. It is clear you need an agent or attorney as you are attempting this on your own without the skills to do so.
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