Resolving Nondisclosure and Misrepresentation in Real Estate Transactions
In the rush to take advantage of the apparently endless opportunities for profit prior to 2008 in South Florida real estate, construction and mortgage financing markets, every participant in the property transaction process had a strong incentive to rush deals through closing as quickly as possible. As a result, building permits were often issued on cursory examination, sellers cut corners on essential disclosures, mortgage lenders paid little attention to the reliability of appraisals and income statements, and many buyers were too much taken with the upside of their investments to protect themselves from fraud.
Now that real estate values have plummeted throughout the region, the hard consequences of real estate fraud have become impossible to escape for purchasers of residential or commercial property that turns out not only to be worth far less than originally believed, but that also presents entirely unanticipated problems.
At Grumer & Macaluso, P.A., our lawyers generally represent the buyers in South Florida real estate fraud litigation. Defendants can include developers, construction contractors, mortgage lenders, successors to the mortgagee's interest, real estate brokers or owner-sellers. We also represent business owners whose real estate fraud claims relate to commercial property assets acquired in connection with the purchase of a business.
Our law firm's analysis of real estate, mortgage lending and construction fraud claims focuses on the details of misrepresentation and nondisclosure from several perspectives:
- Evidence of the seller or builder's intentional or negligent misrepresentation of the facts of the property's condition, characteristics or value
- The effect of the misrepresentations or undisclosed facts on the buyer's willingness to accept the sale terms
- Any defense argument that the buyer's due diligence responsibilities outweighed the seller's duty of full or accurate disclosure
Fraud or negligent nondisclosure can represent conscious dishonesty on the part of a seller, lender or contractor; or it can instead reflect carelessness or inattention to detail, as in the recent case where a subdivision home site was located squarely within a county highway easement.
Florida Lawyers for Real Estate, Construction or Mortgage Fraud Claims
Regardless of the circumstances of your situation, our lawyers can advise you of the strength of your real estate fraud claims, the practical challenges involved with proving them, and the most effective approaches for overcoming any anticipated procedural or evidentiary obstacles.
To learn more about our experience with the resolution of fraud claims related to the development, sale, financing or repair of residential or commercial real property, contact a civil trial attorney at Grumer & Macaluso in Fort Lauderdale.
