Broker Fraud Questions & Answers by State
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Broker Fraud Questions & Answers
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
Answered on Sep 16, 2017
David Humphreys' answer
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
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
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
Answered on Sep 16, 2017
Jennifer Isaksen's answer
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...
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...
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
Jonathan A. Klurfeld's answer
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.
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.
Q: Is there anyway to check if a broker's been convicted of fraud before I hire him/her?
Barry Eran Janay's answer
Yes, most brokers are licensed through either the Dept. of State (Real Estate Brokers for instance) or a private organization (FINRA for stock brokers for instance). You can go to their website to check the status of your broker.
Yes, most brokers are licensed through either the Dept. of State (Real Estate Brokers for instance) or a private organization (FINRA for stock brokers for instance). You can go to their website to check the status of your broker.
Q: I invested more than $45,000 dollars with Connectivision, aka Power Station the past 9 years. It's been all based on
Steve McCann's answer
You may have recourse, but fraud claims are extremely fact intensive, so an attorney would need to review all of the specific information to give you a comprehensive evaluation of the merits of your claim(s). That said, I would recommend organizing all information relevant to this situation, including all communications and contracts with the relevant parties, and consulting with an attorney individually. Many of us offer free consultations, so it will not cost you anything to obtain the...
You may have recourse, but fraud claims are extremely fact intensive, so an attorney would need to review all of the specific information to give you a comprehensive evaluation of the merits of your claim(s). That said, I would recommend organizing all information relevant to this situation, including all communications and contracts with the relevant parties, and consulting with an attorney individually. Many of us offer free consultations, so it will not cost you anything to obtain the...
Q: can a listing broker (restaurant) keep a forfeited deposit from a potential buyer or does it go to the seller
1 Answer
| Asked
in
Broker Fraud, Business Law and Real Estate Law
for
Massachusetts
on
Answered on Jul 26, 2017
Answered on Jul 26, 2017
Ali Ebrahimzadeh, Esq.'s answer
That sounds problematic. Have a lawyer review your broker agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
That sounds problematic. Have a lawyer review your broker agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
Q: We received an adverse claim regarding the 3,106,000 shares of SFRX.What can I do
2 Answers
| Asked
in
Contracts, Broker Fraud, Business Law and Securities Law
for
Florida
on
Answered on Jul 22, 2017
Answered on Jul 22, 2017
Terrence H Thorgaard's answer
You need the services of an attorney who works for you, not the other party. I don't know why you were required to pay the other party's attorney, but it may be something in the contract. Your attorney can review the whole matter and advise you.
You need the services of an attorney who works for you, not the other party. I don't know why you were required to pay the other party's attorney, but it may be something in the contract. Your attorney can review the whole matter and advise you.
Q: I recently financed rims, services through a store. Cancelled order. How do I get my money back?
2 Answers
| Asked
in
Broker Fraud, Civil Litigation, Contracts and Consumer Law
for
California
on
Answered on Jul 22, 2017
Answered on Jul 22, 2017
William John Light's answer
You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of goods to return. This is a cancellation of a sales agreement, or a finance agreement, due to failure to produce the agreed products. I believe that there is a requirement in CA that finance agreements have to be in...
You'd have to have an attorney review the finance agreement for cancellation requirements. If there is no written agreement, then you can probably go straight to Small Claims court for breach of sales agreement. This is not a "return" situation since you are not in possession of goods to return. This is a cancellation of a sales agreement, or a finance agreement, due to failure to produce the agreed products. I believe that there is a requirement in CA that finance agreements have to be in...
Q: Do I need to hire an attorney to sue my broker or can I do it myself?
Barry Eran Janay's answer
You can do it yourself, but see this primer: https://www.avvo.com/legal-guides/ugc/abraham-lincoln-had-it-right---he-who-represents-himself-has-a-fool-for-a-client
You can do it yourself, but see this primer: https://www.avvo.com/legal-guides/ugc/abraham-lincoln-had-it-right---he-who-represents-himself-has-a-fool-for-a-client
Q: Any recourse against a broker who lied about an expected timeframe and cost us thousands?
Barry Eran Janay's answer
Fraudulent misrepresentation is difficult to prove, actual damages would be difficult to prove in any case since moving is always a disruption of daily life. You can try to put together a list of some damages / out-of-pocket expenses incurred that wouldn't have been incurred otherwise and if it's below $5K in most parts of NY you can just file a small claim which is an expedited type of proceeding.
Fraudulent misrepresentation is difficult to prove, actual damages would be difficult to prove in any case since moving is always a disruption of daily life. You can try to put together a list of some damages / out-of-pocket expenses incurred that wouldn't have been incurred otherwise and if it's below $5K in most parts of NY you can just file a small claim which is an expedited type of proceeding.
Q: Can I sue my broker or brokerage in court or do I need to go through arbitration?
Ali Ebrahimzadeh, Esq.'s answer
What does your contract say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
What does your contract say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
Q: What are the exceptions behind the student loan bankruptcy discharge exemption?
Leonard R. Boyer's answer
You would have to "Google" that. You literally have to have one foot in the grave and one foot slipping into the grave to discharge even a portion of student loans in Bankruptcy. But if it is a private student loan and involves a fraudulent school it is a different situation.
You would have to "Google" that. You literally have to have one foot in the grave and one foot slipping into the grave to discharge even a portion of student loans in Bankruptcy. But if it is a private student loan and involves a fraudulent school it is a different situation.
Q: Can an agent work as an independent contractor for multiple brokers & get part of a commission to show homes if it sells
1 Answer
| Asked
in
Broker Fraud, Employment Law and Real Estate Law
for
California
on
Answered on Jul 1, 2017
Answered on Jul 1, 2017
Ali Ebrahimzadeh, Esq.'s answer
It depends on the contractual language between the parties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
It depends on the contractual language between the parties. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
Q: What happens if my broker gives me information that is misleading or completely omitted from his investment
Barry Eran Janay's answer
Sounds like you may want to raise the issue with him and either file a FINRA request for mediation or arbitration. We're you damaged financially in any way? You don't have to answer on a public forum, feel free to email me privately to discuss.
Sounds like you may want to raise the issue with him and either file a FINRA request for mediation or arbitration. We're you damaged financially in any way? You don't have to answer on a public forum, feel free to email me privately to discuss.
Q: Why did California Corporations Code 25401 change effective January 2015? Was there a defect with the previous version?
1 Answer
| Asked
in
Criminal Law, Broker Fraud and Business Law
for
California
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Ali Ebrahimzadeh, Esq.'s answer
You can check the legislative history of any statute at your local law library or via online records of the CA legislature re: this particular statute. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
You can check the legislative history of any statute at your local law library or via online records of the CA legislature re: this particular statute. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
Q: I got arrested than got OR an now when i was looking up my court date it said i had a warrent
David Dastrup's answer
After you are released O.R., then you still have to go back to court. If you miss that court date, then a warrant will be issued. If this is not what happened, there are other possibilities, such as a court clerical error, or a notice to appear with a different date but you never received the notice, etc.
After you are released O.R., then you still have to go back to court. If you miss that court date, then a warrant will be issued. If this is not what happened, there are other possibilities, such as a court clerical error, or a notice to appear with a different date but you never received the notice, etc.
Q: I filed my complaint with California BRE in August 2016, investigation is still active n ongoing.
1 Answer
| Asked
in
Real Estate Law, Arbitration / Mediation Law, Broker Fraud and Civil Litigation
for
California
on
Answered on Jun 1, 2017
Answered on Jun 1, 2017
Ali Ebrahimzadeh, Esq.'s answer
That might serve as some evidence. Have you already filed the civil case? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
That might serve as some evidence. Have you already filed the civil case? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
Q: MLO license withdrawn after 20 yrs. Under article 12 e NYS law ? Conn. renewal denied. Can MLO work in another state?
Barry Eran Janay's answer
Your questions are very specific and require review of documents. I suggest you retain an attorney on a limited basis to advise you. If you like I can assist.
Your questions are very specific and require review of documents. I suggest you retain an attorney on a limited basis to advise you. If you like I can assist.
Q: I have been sentenced but now have new evidence in my case. I wish to file a motion for reconsideration.
1 Answer
| Asked
in
Criminal Law, Banking, Broker Fraud and White Collar Crime
for
Maryland
on
Answered on May 25, 2017
Answered on May 25, 2017
Thomas Joseph Maronick Jr's answer
How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial opportunity if past the time limits mentioned.
How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial opportunity if past the time limits mentioned.
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