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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I bought a lien house that was shown to me at a real estate

Customer Question

I bought a lien for a house that was shown to me at a real estate event. Two years later I am trying to set the foreclosure in action and I found out that I was actually sold a lot with no house on it. It was demolished before I purchased it. Is it legal for a company to sell me a house that does not exist anymore?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Based on the facts as you have stated them, you likely have a claim for "fraud in the inducement" and you can sue them in civil court for damages.

They misrepresented a material fact (the photograph of the property with the structure, and included this information in their communications regarding the additional lien/investment), with the intent that you rely on it, you did so, and you suffered economic damages.

If the amount in question is $5,000.00 or less, you can use small claims court: where the procedures are relaxed and parties are not expected to be represented by attorneys. If the amount is greater, you will need to use general civil court (where procedures are more complicated - it is still possible, but you can do this by yourself - do expect to act like a lawyer though, so plan on spending some time in the law library).

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