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FathersRights431

Scammed by my Real Estate Agent Ex

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Help! 

 

My ex who is also a real estate agent said she found a great home that belonged to her sister and brother in law that we could buy and flip and earn a profit on. She said I would need to take 14k out of my 401k  and that would be my portion of the investment. I signed what i think was a fake purchase agreement some documents she provided me. I gave her the 14k. Soon after this we were involved in a domestic dispute where I decided to end the relationship after she struck me. 

 

The fact of the matter is that the home was never sold and no flip occurred but I never received my money back. Through text, she agreed to only give me only 5k back stating that the rest she would keep being that she felt she was to be paid for funds spent during our relationship for personal use. 

 

That being said, I never received ANY money back at all and I feel she abused her real estate licence and my trust to steal from me.

 

Is there a way that I could fight to receive my money back? Im not sure if an attorney would charge me more than what Im fighting for. Please help I feel at a loss and now having to pay back that money to my 401k that was never used for the purpose intended because of the neglect of this real estate agent who I trusted. 

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1 hour ago, FathersRights431 said:

 

Is there a way that I could fight to receive my money back? Im not sure if an attorney would charge me more than what Im fighting for.

 

The CA small claims limit is $10,000 so you have the option of suing for that amount. You would be waiving the other $5000 but you'd probably pay that in lawyer fees if you sued in a higher court anyway.

 

PS: Here's your sign.

 

PPS: Before you sue, file a written complaint with the CA Board of Realtors. Maybe that'll get you your money back if her license is at stake.

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1 hour ago, FathersRights431 said:

My ex

 

Your ex-what?  Ex-wife?  Ex-girlfriend?  Ex-something else?  And I guess the events described occurred before she became your "ex."  Correct?

 

 

2 hours ago, FathersRights431 said:

Is there a way that I could fight to receive my money back?

 

The only possible answer to such a vague question is yes.

 

As noted above, you can waive everything over $10k and sue in small claims court.  You might seek out a consultation with an attorney before making a decision.

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You and your ex? apparently entered into a joint venture that involved proposed flipping of a piece of realty.  In that transaction it is unlikely, although not impossible, that your ex? and you entered into a real estate agency agreement.  That means she was (probably) not acting as your agent in the transaction.  What that means, in my opinion, is that she was not acting as a licensed real estate broker or agent with respect to you.  Therefore, the fact that she is a licensed real estate professional is probably irrelevant.  The real estate licensing board should not be involved in this situation at all.  But, you might still file some sort of complaint if you can prove she lied to you.

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