San Bernardino Real Estate Fraud and Misrepresentation Lawyers 

California attorneys hold parties accountable for 

If you have been the victim of deceitful practices in a real estate transaction, there are legal remedies you can pursue to seek compensation for losses you suffer. The experienced California lawyers at Granowitz White & Weber, established in San Bernardino in 1983, have a long and respected record of holding parties liable for fraud or misrepresentation in real estate matters. We represent clients throughout the Inland Empire. 

What is real estate fraud? 

Real estate fraud is the act of intentionally deceiving a party to a property transaction. Examples include falsifying documents, forging signatures, hiding property defects and intentionally inflating or deflating a property’s value for appraisal purposes. Fraud can affect both buyers and sellers during both residential and commercial real estate deals. Real estate fraud can have financial and criminal consequences in California depending on the facts of the case. If you believe fraud was at play in your transaction, we will investigate to determine the truth and hold the fraudster responsible. 

Types of misrepresentation in real estate transactions

There are generally three types of misrepresentation in real estate transactions.

• Fraudulent misrepresentation — A seller knowingly fails to disclose a defect or other material fact about the property. 
• Negligent misrepresentation — A seller fails to investigate zoning or land use restrictions or other constraints on use of the property. 
• Innocent misrepresentation — A party to a transaction shares incorrect or incomplete information about a property without intending to deceive.

Damages recoverable depend in part on the misrepresenting party’s degree of knowledge of the underlying facts. No matter what type of misrepresentation occurred, we will counsel you about appropriate actions to take and will represent you throughout the legal process. 

Failure to disclose defects or material facts 

Sellers of property and their real estate agents have a duty to disclose known property issues, such as: 

• Foundation cracks
• Structural issues
• Pest infestations
• Flood history
• Mold
• Environmental hazards
• Legal disputes over the property

When a seller or agent fails to disclose major issues that could cause the buyer to reconsider the purchase or what they will pay for the property, this could constitute fraud. If you have found a major defect in the property you purchased, we will examine the transfer disclosure statement that was provided to you and other documents to determine whether there was a failure to disclose. 

Legal remedies for victims of real estate fraud 

Remedies in cases of real estate fraud include rescission, which is the right to cancel the contract, monetary damages for actual losses and punitive damages when intentional fraud or malice was present. If you are considering a lawsuit, we can help you gather evidence and build a strong case. Be aware that there is a three-year statute of limitations for bringing fraud and misrepresentation claims in California. It is to your benefit not to wait because as time goes on, evidence may be lost or be unobtainable. 

Preventing fraud in real estate transactions

Here are some tips for helping buyers and sellers prevent fraud in real estate transactions:

• Review property disclosures carefully
• Hire a licensed home inspector to look at the property
• Verify the authenticity of documents
• Read documents and make sure you understand what they say
• Get legal guidance from a real estate attorney for questions and concerns.

Our lawyers have decades of experience helping buyers and sellers with Inland Empire real estate transactions. We can review disclosures and contracts before you sign and represent your interests should any red flags appear indicating possible fraud. 

Contact our firm if you have been a victim of real estate fraud

At Granowitz White & Weber, we work to protect real estate buyers in the San Bernardino area from fraud and misrepresentation and to help them get the compensation they deserve. To arrange a consultation, call 909-890-1717 or contact us online.