35 results for 'cat:"Fraud" AND cat:"Real Estate"'.
J. Brennan denies, in part, the Canadian citizens' motion to dismiss, ruling that while they do not reside in Ohio, the real estate they own in the state gives this court jurisdiction over claims regarding the title of those properties under the Ohio long-arm statute. However, because tax issues in New Jersey and New York are entirely unrelated to any properties or business conducted in the state of Ohio, this court lacks jurisdiction over those claims, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, real Estate, Jurisdiction
J. Albregts denies both parties’ motions for summary judgment. The purchaser sues for unjust enrichment, breach of fiduciary duty, legal malpractice’ and fraud regarding an allegedly fraudulent real estate investment scheme. The seller represented herself as a realtor and was retained by the purchaser to purchase various Nevada properties under his name and to rent out and manage those properties for his benefit. The alleged realtor forged deeds and transferred legal title of the properties to and from entities she controlled, leaving the purchaser with one of 24 properties for which he has not received his investment money back. According to the evidence shown, multiple questions of material fact must be decided at trial.
Court: USDC Nevada, Judge: Albregts, Filed On: April 9, 2024, Case #: 2:20cv1683, NOS: Other Contract - Contract, Categories: fraud, real Estate, Legal Malpractice
J. Reyes Jr. rules against a Florida resident’s fraud complaint alleging her nephew misappropriated her $500,000 investment in a real estate property, finding her claims untimely.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: March 29, 2024, Case #: 1:19cv6202, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, Property, real Estate
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J. Alley finds a lower court did not err in granting damages in a fraud and contract case stemming from a convoluted land deal between a landowner and a developer, which culminated in the landowner being on the hook for an overpayment on the property. While the developer disputed the sufficiency of the evidence against him, the lower court found he’d made numerous misrepresentations in his dealings with the landowner. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 29, 2024, Case #: 08-23-00134-CV, Categories: Evidence, fraud, real Estate
J. Crites-Leoni largely denied the defendant brother's motion for partial judgment on the pleadings in a dispute over the brothers' joint ownership of a large amount of farmland. There is sufficient evidence in the record to support the existence of a partnership between the borhters, not just a landlord-tenant farming arrangement. Therefore, the plaintiff brother has standing to sue his brother for allegedly fraudulently misrepresenting the amount of income being generated by the farm.
Court: USDC Eastern District of Missouri, Judge: Crites-Leoni, Filed On: January 12, 2024, Case #: 1:21cv34, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: fraud, real Estate, Partnerships
J. Marks dismisses this contract dispute in favor of the real estate company, realtor and property management company from a couple alleging they were given a single termite report upon closing a property sale. The home in question suffered a massive termite infestation and the second termite report was never disclosed to the couple. The couple fails to plead reasonable reliance in their breach of contract, misrepresentation, suppression, deceit and conspiracy claims.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 5, 2024, Case #: 1:23cv184, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Property, real Estate
J. Soto finds a lower court ruled correctly in favor of a seller in a convoluted real estate dispute. The seller, who was ordered to pay back the buyer for a property sale after it became clear that she was not in fact the owner of the property in question, has already provided “legally and factually sufficient evidence” that both she and buyer held the “mistaken belief” that she owned the property, whereas the buyer has not provided adequate evidence of fraud. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 15, 2023, Case #: 08-23-00165-CV, Categories: fraud, real Estate, Contract
J. Golemon finds the trial court properly judged in favor of the property owners in this suit alleging statutory and common law fraud against the canal owner. The property owners say canals providing access to the lake became silted in after rain events, and the canal owner failed to maintain and return them to a navigable state. A real estate broker testified that since the canals silted up, the property listings had the “waterfront portion” removed. This provides a factual basis to support the property owners' diminution of fair market value opinions. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: December 14, 2023, Case #: 09-22-00020-CV, Categories: fraud, real Estate
J. Rowland partially grants the defendant real estate investors’ motion to dismiss a fraud complaint brought by one of their former business partners, the plaintiff real estate investor. During a fight over the partner’s shares of their mutually owned business, the sued investors began to box plaintiff out of communications and financial documents, and using financial maneuvers to ensure he didn’t receive payouts from the company’s general partners. The court finds the plaintiff investor has sufficiently alleged this constituted securities fraud, shareholder oppression and fraudulent concealment as to one account, but dismisses his breach of fiduciary duties claims and his fraudulent concealment claims as they regard another account.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 6, 2023, Case #: 1:22cv5628, NOS: Stockholders’ Suits - Contract, Categories: fraud, real Estate, Securities
J. Kendall declines to dismiss a RICO suit against a collection of real estate brokers and their associated businesses, who are sued by people who bought run-down properties from them. The court finds the property buyers have suitably alleged that the brokers, rather than selling the buyers properties from “long-standing owners,” actually controlled the properties they were selling through their own business entities. The court also finds the buyers have suitably alleged that the brokers were selling the properties at marked-up rates without disclosing that many of the buildings were not up to code.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: December 6, 2023, Case #: 1:23cv1182, NOS: Insurance - Contract, Categories: fraud, real Estate, Racketeering
J. Jewell finds that the trial court properly ruled in favor of the buyer of a property who alleged the purported owner took his money without having unencumbered title to the property. The buyer's "deemed admissions" regarding his non-compliance with the contract did not preclude his recovery on the deceptive trade practices and Property Code claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 30, 2023, Case #: 14-22-00221-CV, Categories: fraud, real Estate, Contract
J. Flanagan partially denies a property development firm’s former accountant’s motion to dismiss allegations of conversion, fraud and breach of contract brought by the firm. The firm correctly argues fraud because the accountant falsely told a member of the firm that to get tax benefits, he would need to share ownership of the firm with the accountant. Thus, they created the firm as a 50-50 partnership. Then, the accountant fraudulently acquired a home on behalf of the member without his knowledge for almost $1 million. The accountant quit the firm and refuses to return the property to the firm. The firm’s claim that the accountant breached his fiduciary duty while acting as the firm’s agent and member will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 21, 2023, Case #: 7:23cv1062, NOS: All Other Real Property - Real Property, Categories: fraud, real Estate, Contract
J. Hall denies the real estate agent's motion to dismiss, ruling that while the contaminated soil at the home cost only $40,000 to remediate, the buyer's potential claim for punitive damages would put the value of her claims over the $75,000 jurisdictional threshold and, therefore, the district court has jurisdiction over the case.
Court: USDC Connecticut, Judge: Hall, Filed On: November 3, 2023, Case #: 3:23cv1065, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, real Estate, Jurisdiction
J. Tenney finds that the trial court improperly denied an escrow agent's motion to compel arbitration of fraud, conspiracy and contract claims made by real estate buyers. The escrow agent is a third-party beneficiary because it was expressly named in the purchase contracts and because the buyers' claims against it are tied to the underlying transactions, so it can enforce the contracts' arbitration provisions. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: September 21, 2023, Case #: 20220047-CA, Categories: Arbitration, fraud, real Estate
J. Barbier grants summary judgment to two Louisiana banks and against a former criminal defendant who inherited $1.4 million dollars after serving time for bank fraud. The banks are entitled to split the admitted fraudster’s inheritance because they compensated his restitution victims’ losses. The ruling rejected the convicted felon’s “unsupported” argument that, because the banks compensated the restitution victims, they participated in his criminal conduct. The government maintains the admitted fraudster still owes over $6.7 million in restitution.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 28, 2023, Case #: 2:22cv2819, NOS: Other Statutory Actions - Other Suits, Categories: fraud, real Estate, Banking / Lending
Per curiam, the appeals court mostly upholds the lower court’s dismissal of some landlords’ lawsuit alleging fraud and breach of fiduciary duty on the part of the property manager they hired to broker an agreement between the landlords and a sublease tenant, who eventually defaulted on the sublease and left the landlords with significant liabilities. The lower court, however, should not have dismissed the landlords’ request for a declaration that the brokerage agreement was unenforceable; this issue is remanded and the landlords may pursue an unjust enrichment claim based on it. Affirmed in part, reversed in part.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: August 17, 2023, Case #: 04350, Categories: fraud, Landlord Tenant, real Estate
J. Soto finds a lower court ruled mostly correctly in a convoluted real-estate dispute in which a man asserting ownership of a property sued a variety of parties for a variety of claims, including adverse possession and fraudulent inducement, prompting those parties to countersue and obtain both summary judgment and a final judgment in their favor — ultimately leading to this appeal. While the lower court mostly ruled correctly in tossing out the man’s claims, they awarded excessive exemplary damages to some of the parties even though the man had “fraudulently clouded title to the Property.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 14, 2023, Case #: 08-22-00079-CV, Categories: fraud, Property, real Estate
J. Keough finds the trial court properly granted the home sellers' motion for summary judgment in a real estate dispute. Any issues with the property, including flooding in the basement and sewer issues, were either discovered by the buyer during inspection or were not required to be disclosed because of how long ago they occurred in relation to the sale. The buyer provided no evidence he found Dry-Lok paint had been used to conceal cracks in the foundation, while visible cracks and grading issues in the yard were discovered and noted by the buyer's inspector; therefore, the court properly applied the caveat emptor theory when it dismissed the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: August 10, 2023, Case #: 2023-Ohio-2773, Categories: fraud, real Estate
J. Pratt finds the lower court improperly granted summary judgment to the brokers of a real estate purchase. The seller stipulated that the sale of her property not be to a specific broker or any of his affiliates, yet using a shell company the brokers did just that. The seller filed suit, and the lower court granted summary judgment to the brokers, finding the contracts non-reliance clause prevented the seller from making claims against the brokers. But the instant court finds that the non-reliance clause required the signatures of the brokers in order for it to be enforceable, and they did not sign it. The matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: July 21, 2023, Case #: 5D22-1410, Categories: fraud, real Estate, Contract
J. Pratt finds the lower court improperly granted summary judgment to the brokers of a real estate purchase. The seller stipulated that the sale of her property not be to a specific broker or any of his affiliates, yet using a shell company, the brokers did just that. The seller filed suit, and the lower court granted summary judgment to the brokers, finding the contracts non-reliance clause prevented the seller from making claims against the brokers. But the instant court finds that the non-reliance clause required the signatures of the brokers in order for it to be enforceable, and they did not sign it. The matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: July 21, 2023, Case #: 5D22-1557, Categories: fraud, real Estate, Contract