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It appears I have been victim to one of the oldest scams in the book. Last May I met someone in a casual setting who held himself out to be a loan broker. I was in the process of negotiating to buy an existing business; the individual,he said he had several sources that could be more competitive than the financing quote I'd gotten from my bank.The target business was selling for 195k, I was seeking $ for the acquisition.The individual represented to me that he had found a private lender who would finance the purchase, provided I was putting money down.Foolishly, I informed him that I would put 45k toward the purchase..he then said the seller would finance 100%; all I would need to do was put my 45k up, and two weeks later when the deal closed/funds became available, I would receive the $+ my 45k back.Escrow was never opened,however, as the funding day came and went,the "lender"has had a daily story of why $ is not available.I lost the deal,and wonder if I can pursue for fraud/theft
State/Country relating to Question: Texas Already Tried: asking friends
You can definitely pursue the broker for theft and Fraud. What state are you located in so I can review the specific laws for you.
Texas
I am truly sorry to hear that this occurred with you. Is the broker also in Texas? Who has control of the money--does he? And I understand that the money has not yet been returned to you, is that correct? Do you know if this individual works for a brokerage firm of some kind? Sincerely, Dimitry Alexander Kaplun, Esq.
The broker, me, and the lender met at my office in June. I "deposited" my down payment via wire transfer to the lender's account. The broker had some fee agreements that I signed; the lender had a note that I signed. The broker's fee agreement listed his "company" on it, which appears to be a simple dba. Strangely, neither have disappeared altogether. After about three weeks of excuses, the broker threw his hands up as if to say the "lender" was the bad person; all my communication now comes from the lender. Each day starts with the promise of getting the funds the following day, with several text messages, emails or a call or two, followed by excuses. At first she claimed there was a POA in place which restricted access to her funds through her attorney, then she claimed to have gone to court to remove the POA, then a new attorney, then a multitude of problems wiring my money. Once the business became no longer available, all I wanted was my money back, and more excuses followed. I've saved every text message she's sent, and it gets more spectacular with each passing day.
WOW. Did you contact the police yet?
No, for two reasons. 1) I get a daily glimmer of hope that I'll get my $ that day or the next, so I guess that staves me off for fear of that not taking place, and 2) Not sure if/how that would take place, or what jurisdiction would be appropriate. After all, the argument could be made that I 'gave' the individual my money voluntarily and it was not stolen.
Thank you very much for the information. 1. Hope or not, although you entrusted the individuals with your money, the moment you demand the money back, those funds have to be returned to you within a certain period of time. Under common law, the offense of "false pretenses" is: a. obtaining title b. to personal property of another c. by intentional false statement of past or existing fact d. with intent to defraud the other. I suggest you contact an attorney who sends the broker/lender a demand letter giving them 7-14 business days to provide you with teh return of your money, or you will go after them criminally, civilly, and professionally. If the man is a broker, he is under NASD-FINRA and they have a fraud department. Additionally, you can civilly go after them for damages of keeping your money frozen, and you may be able to bring suit against them for both the money and the interest on that money which you have lost out on while the money was frozen. Depending on how the judge warrants their behavior, you may demand punitive damages as well because they have a higher standard of care, and they breached their fiduciary duty to you.. Sincerely, Dimitry Alexander Kaplun, Esq.
Attorney
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin