Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 1 decade ago

can you file fraud charges against someone if they lie on their disclosure form?

I found out the seller who sold me my house lied on the disclosure form about many problems im having with the house, i have proof he knew about it(ie failed inspections from permit office which he signed), is it possible to file fraud charges against him and take him to court and put him in jail?

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  • 1 decade ago
    Best Answer

    Yes it is in their contract, and is a breech of that document. State laws are pretty specific on this. Contact the states attorney and also the listing realtor.

    Good luck

  • 1 decade ago

    If you have proof, you can sue the SOB, and you'll most likely win. However, I'm guessing if he's a thorough-going SOB, you'll have a pretty tough time collecting.

    Criminal charges are a different matter - most states require disclosures to include a "penalty of perjury" clause, so if your disclosure says something like that, or mentions criminal penalties, you can also talk to the police. You'll have to provide all of the documentation you have, and the police may decline to pursue it initially, but if you make a big enough pest of yourself, they should at least pick the guy up and hold him overnight.

    Before you do either of these, you should talk to an attorney who specializes in real estate law in your area. You could have other options that neither you nor I know anything about.

  • 1 decade ago

    You can definitely sue them and you can probably get significant damages, if they lie about maintenance issues it could end up costing you $10,000 or even more. You definitely have a good case. Now putting him in jail is one thing, you can't sue and have someone go to jail, you can sue to get money, suing to get money is usually preferred , if you bring the information to the police and they charge him with fraud I doubt you will get anything from them. I would go to a lawyer and have a letter drafted with the allegations and what you want to remedy the situation, if they don't respond positively to the letter then you can sue. Just remember if it is a little issue you will probably spend more time and money than it is worth.

    Source(s): Certified Real Estate Appraiser
  • 1 decade ago

    Jail, probably not, but court yes. Get a lawyer, go over ALL the paperwork. However you must realize lawyers are expensive and you may spend more fighting than your actual loss. In principle I'd say go get him.

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  • 1 decade ago

    You need to consult a good attorney in the State where this all happened. He or she would be in the best position to advise you.

  • Anonymous
    1 decade ago

    no, you can not file fraud charges, however you can sue him and get the money to fix whatever is wrong, plus extra for the damages!

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