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Updated about 8 years ago on . Most recent reply

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John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,551
Votes |
9,365
Posts

FRAUD: What Would Be The Defense?

John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Posted

Scenario:
1. Unlicensed broker puts a house under contract.
2. Unlicensed brokers fails to close
3. Unlicensed broker takes through several people under false pretenses
4. Unlicensed broker gets property assigned
5. Seller fails to close
6. Unlicensed broker brings an action

This is where the case stands. Seller has hired a top notch legal firm to represent them. One of the first issues the defendants attorney intends to raise is FRAUD. Did the unlicensed broker have funds to close? Did they apply for a mortgage? They represented they were BUYING the house but probably had NO INTENT. Were they trying to broker the deal? They took several people through the house representing them as "inspectors". This was probably a ruse. Each "inspector" was there for maybe five minutes, said nothing in front of the owner, and then left. The defendant's attorney is supposedly filing a counterclaim for FRAUD, FDUPTA, violation of 475.43. I will post the case and person's name once the response has been filed. The unlicensed broker already has a record with the state for violations of licensing law. 

What makes people believe they are ENTITLED to operate as a broker without a license? Bad guru teachings? This case will be worth watching.

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