Misrepresentation, Real Estate Transactions

Stay ADvised: 2025, Issue 5

Davis Wright Tremaine LLP on 3/4/2025

FTC Continues Junk Fee Quest With Lawsuit Targeting Largest Rental Manager - In its quest to police what it considers to be junk fees, the Federal Trade Commission (FTC) has joined forces with Colorado's Attorney General...more

The Misrepresentation of Moths – Lessons from a Yarn

Mayer Brown on 2/26/2025

It is the stuff of nightmares. Dr Yevhen Hunyak, described by the Judge in the case as "a cautious person", and Iya Patarkatsishivili were careful to visit their prospective home more than half a dozen times between Spring...more

Caveat Emptor and Reasonable Reliance on Fraudulent Misrepresentations When Purchasing Real Property

Freiberger Haber LLP on 10/7/2024

Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property. As readers of this BLOG know, a “cause of action to recover damages for fraudulent...more

Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion

Wiley Rein LLP on 1/12/2022

Applying California law, a federal district court has held that a policy’s retroactive date exclusion bars coverage even if the harm caused by the wrongful acts materializes after the retroactive date. Bararsani v. HDI...more

Fraud Claims Dismissed Based on the “As Is, Where Is, and With All Faults” Contractual Provision

Farrell Fritz, P.C. on 11/19/2021

Nobody likes fraud claims asserted against them. Thankfully for defendants, fraud claims are notoriously difficult to prove, and defendants often try to have these claims dismissed at the pleading stage....more

New Second Circuit Statute of Limitations Ruling A Benefit to Loan Originators, Brokers

Bilzin Sumberg on 2/13/2019

As originators and brokers of mortgage loans continue to get served with new lawsuits (or threatened with potential suits) related to loans that they conveyed to aggregators prior to the financial crisis of 2008, questions...more