What qualifies as a case for attempted theft by deception in a real estate transaction?

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What qualifies as a case for attempted theft by deception in a real estate transaction?

Attempted to buy a home from out of state. Engaged services of what we thought was our “buyers agent”, assumed since the commission would come from being our buyers agent the individual was working for us. Did not receive agency disclosure until after contract or purchase agreement was written up not in our favor. Was asked about our downpayment and then lied to about the financing contingency on a VA loan and convinced to have it written up against us since we trusted this agent was working for us. Is this willful misrepresentation or attempted theft by deception?

Asked on June 16, 2012 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written with respect tothe real estate that was assisting you in purchasing a property (selling agent) his or her conduct was negligent at best warranting a possible complaint with your state's department of real estate.

Since you did not close the transaction there was no actual fraud. As to attempted theft, such is a criminal matter and what you have described is a situation warranting an administrative complaint against the real estate agent you were dealing with. I recommend that you consult further with a real estate attorney as to what transpired for further advice as to how you may wish to proceed concerning this agent.


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