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Full Disclosure: How to force fraudulent sellers to pay punitive damages
When non-disclosure cases go to trial, the buyer is often entitled to more than simply being made whole. He’s entitled to punitive damages, if he can prove the Seller acted with malice. One of the trial techniques I’ve used to obtain punitive damages has been to focus on the seller’s motive I show that the seller had motive to lie and received a substantial benefit from doing so. Highlighting the seller’s motive to lie demonstrates he made his own choice, for his own reason
samueldoncaster
Dec 22, 20252 min read


Full Disclosure: Understanding how Fraud Hurts Luxury Buyers
Luxury buyers have the most to lose when they encounter real estate fraud. And it goes far beyond the simple fact that they paid a higher purchase price. Every pain point for a victim of real estate fraud is worse. Luxury buyers often have more costly renovation plans. It’s far more common for someone purchasing a multi-million-dollar property to budget well into the six-figure range to upgrade or improve a house before they move in. They often spend much of this money before
samueldoncaster
Dec 22, 20252 min read


Full Disclosure: Duty to Disclose Past Defects
One of the number of common misconceptions I’ve seen handling real estate fraud cases relates to the duty to disclose past defects on a property. Sellers must disclose anything material related to a property. And, in general, a history of problems or a prior need for repair fits the bill. Arizona’s general disclosure obligation leads to that result. For example, a history of roof leaks is relevant to the quality of a roof. If a roof has leaked and required repair in each of
samueldoncaster
Dec 22, 20253 min read
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