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Fraud and Real Estate Transactions

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ADBunting

Member
What is the name of your state? Nevada

I've posted over time in the Real Estate forums but my situation doesn't seem to fall into any concrete category and looking more toward criminal activity.

My question is can someone sell a property without clear title? My situation is very complex and I am pursuing a civil suit for errors and omissions against the Real Estate Agency that was involved, however, there are numerous problems with the transaction that has resulted in my losing everything I invested in a property I was supposedly purchasing.

During the course of my research I recently discovered the seller of the property only transfered title of the property he "sold" to me into his name 9 months after we entered into the contract. The RE Agency didn't record any of the paperwork and didn't disclose any information regarding this situation or the professional negligence they exhibited.

There are many problems that are leading me to believe this was a case of deliberate fraud and a swindle from the get go involving all of the individuals involving selling the property.

I know I couldn't obtain financing because I wasn't on title. Surely he can't legally sell a property he didn't have legal title to?

Is there anything that I need to look for regarding this and how would I file fraud charges against this individual presuming the evidence is correct?

Thanks.

A. D. Bunting
 


FlyingRon

Senior Member
You won't get any further here.

Negligence is not fraud.

Real estate transactions must be in writing, so your claimed oral misrepresentations aren't criminal fraud either.

Your lawyer certainly already told you this.
 

ADBunting

Member
No, not the RE Agency.

I'm if the seller can sell a property he didn't have title to and if it could potentially qualify as fraud on his part.

April
 

ADBunting

Member
No, not the RE Agency.

I'm asking if the seller can sell a property that wasn't title in his name and if it could potentially qualify as fraud on his part.

April
 

seniorjudge

Senior Member
I'm asking if the seller can sell a property that wasn't title in his name and if it could potentially qualify as fraud on his part.

April

What a "clear title" is is often not clear.

So, to answer your question, there are rarely any real estate transactions which would arise to criminal behavior.
 

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