CRE Insider Blog
Welcome to the Commercial Real Estate Insider, insights from First American's real estate experts.

Failure To Disclose A Property Condition May State A Cause Of Action For Fraud

By Mike Berey on September 4, 2019

 

The Defendants-Sellers had completed a mold remediation project in the pool wing of the house prior to entering into a contract of sale with the Plaintiffs. Under the contract, the property was sold “as is”, no express representations as to the condition of the property were made, and the Sellers paid the Plaintiffs $500 in lieu of completing a...

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Topics: Fraud Mortgage Lending

Pre-workout Agreements Revisited – Are They Enforceable?

By Jack Murray on December 1, 2016

In response to the surge in lender-liability claims against mortgage lenders commencing in the mid-1980s -- especially in connection with affirmative claims or defenses of borrowers based on breach of an alleged oral agreement to extend, modify or refinance an existing loan, to forgive debt, or to forbear from exercising contractual remedies such...

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Topics: Mortgage Lending Pre-Workout Agreements

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