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What Constitutes Fraud and Misrepresentation in Real Estate Transactions

By Shab D. Kerendian | July 28, 2024

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Fraud and misrepresentation in real estate transactions can take many forms. Misrepresentation involves providing false information about a property's condition or features, while concealment involves intentionally hiding defects or issues. For example, a seller might falsely claim the income of a commercial property to be higher than actual, or hide significant water damage.

At our firm, we have handled many cases involving such issues, and we have seen how these practices can impact buyers. Under California law, buyers have several remedies, including filing a lawsuit for damages or seeking contract rescission. In severe cases, punitive damages may also be available pursuant to California Civil Code §3294.

Consulting a real estate attorney is crucial for navigating these legal complexities. A real estate attorney can help gather evidence, evaluate the merits of the case, and pursue the appropriate legal remedies. If you suspect fraud or misrepresentation in a real estate transaction, also be aware of the applicable statute of limitations which typically bars lawsuits that are filed after the statute of limitations expired.