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Miami Homebuilder Sued for Millions In Holiday Fraud Lawsuit

Fort Lauderdale Real Estate Litigation Attorney

Luxury South Florida Real Estate Developer Accused of Fraudulently Doctoring Construction Invoices and Overcharging Customers 

Miami homebuilder Francisco Mendez, and his company Pioneer Inter-Development, have been sued for millions of dollars, according to a recent lawsuit filed in the Miami-Dade Circuit Court on Wednesday, December 23rd. 

Inflated Invoices

The real estate lawsuit alleges that Mendez inflated construction invoices, overcharging customers for services and overpaying subcontractors. Mendez is accused of then demanding that the subcontractors pay him the difference, allowing him to pocket the extra money collected from his real estate clients. 

Marianna Dubinsky is also named in the lawsuit, along with her companies SDG Remodeling Construction Group, VRG Remodeling Construction Corp, and Emgei Finish Services. Dubinsky is accused of aiding Mendez in the fraud scheme by providing his company with the revised and inflated invoices. 

Multiple Defendants

The lawsuit names three defendants who were customers of Mendez and Pioneer Inter-Development: Ana and Patricio Cordero and Trevor Taylor. Taylor alleges that Mendez took three years to build a home that was promised to him in 12 months, all while continuing to charge him for construction services. 

The project began in 2017, and it wasn’t until the summer of this year that Taylor discovered that he had been overcharged by at least $600,000. A concrete subcontractor had received $600,000 less than Taylor paid for the service, funds that he found went to Pioneer Inter-Development and Francisco Mendez. 

Double-Billed

Taylor also discovered that he had been double-billed for the same services; once by a window subcontractor for $11,139 and again for $44,695. The invoices looked identical save for the differing amounts, however, the window provider did not have any record of the second invoice. Taylor requested a refund of the $44,695 after finding out that he was overcharged, however, Mendez refused and terminated the construction project. 

The Corderos allege that they were overcharged by $2 million or more when Pioneer Inter-Development took more than two years to make minimal progress on their custom home. The couple later discovered that specialty materials they had paid for were never ordered and instead, the funds were moved through SDG Remodeling Construction Group, VRG Remodeling Construction Corp, and Emgei Finish Services. 

At the time of writing, the plaintiffs are awaiting a hearing. An attorney for Mendez claims that he committed no wrongdoing and will pursue litigation in court. 

Real Estate Litigation

Were you or your loved ones defrauded by a Homebuilder, Developer, or Contractor? Do you need help deciphering whether or not there was a fraud?  If you have been defrauded or if your suspicions are correct, you are in the company of dozens of Floridians affected by contract and homebuilding scams each year. In the above action, the plaintiff exercised their rights to litigate the material issues in their case, you have that same right at your disposal should you choose to do so.  The allegations made in their case speak to a variety of fraud and wrongdoing on behalf of their homebuilder such as:

  • fraud
  • unjust enrichment
  • civil conspiracy

Criminal Charges In Real Estate Fraud

Under new Florida laws that were passed in July of 2019, House Bill 7125, modified Florida Statute 489.126 in such a manner that it may actually afford some homeowners/homebuyers with additional protections and avenues to pursue criminal charges against a contractor who defrauds them.

Get Help Today

If you have suffered fraud at the hands of your home builder, contractor, or developer, it is vital that you get experienced Real Estate Litigation help from an experienced real estate litigation attorney as soon as possible. Feinstein Real Estate Litigation & Business Law is recognized in the industry for its aggressive litigation skills. Call for help now: tel:954-767-9662

 

 

By : admin | December 20, 2020 | Real Estate Litigation

What Are the Most Common Reasons for Real Estate Litigation in Florida?

Orlando Real Estate Litigation

Real estate litigation is an instrument utilized by real estate brokers and agents, property sellers and purchasers, and landlords and tenants to protect legal rights and rectify damages. Here are the most common reasons litigation is pursued in the real estate realm and what you can do to safeguard your best interests in any real estate dispute.

1. Failure to Disclose Property Defects 

Property sellers in Florida are legally required to disclose known and non-evident property defects that may affect its value. If a purchaser later learns of a previously undisclosed property defect after closing, they may bring forward legal action against the seller of the property for failure to disclose. 

These cases can be difficult to win and require experienced legal representation because you must have evidence that the property seller knew about and purposefully concealed a property defect or that the defect is significant enough that the seller should have reasonably known about it.

2. Breach of Duty 

Real estate agents and other professionals typically have a duty to their clients to act in the client’s best interests. However, unscrupulous agents may act in their own best interests in order to secure a sale. 

For example, a real estate agent may minimize significant defects that reduce the value of a property to keep the sale price from being negotiated down or the sale from falling through entirely. If the client has experienced losses or damages from the agent’s actions, a lawsuit may be warranted.

3. Breach of Contract 

A breach of contract is arguably the most common reason for real estate litigation. Contracts are crucial in the real estate realm and outline what each party involved in the transaction is responsible for and obligated to do. Failure to abide by a written and agreed upon contract can be costly for everyone involved. 

To successfully win a breach of contract case, you must be able to show evidence that you fulfilled your own contractual obligations as well as evidence that the party you are suing did not. This is particularly true when seeking damages in high net worth real estate lawsuits. 

When to Contact a Florida Real Estate Litigation Attorney 

If you’re a party to a real estate dispute, it’s important that you have adequate legal advocacy to protect your rights and best interests. Our real estate litigation team can help. Call now for your consultation at 954-767-9662 (Fort Lauderdale), 561-760-9929 (Boca Raton), or 305-842-2730 (Miami). 

By : admin | October 16, 2020 | Real Estate Litigation

Real Estate Licenses Could Be At Risk After Complaints

Business Disputes In Orlando

Many professionals need licenses before they can work in their chosen field. As a real estate agent, you had to obtain a license before you could start helping individuals buy or sell property. You may love your job, but you also know that, without your license, you would not be able to continue in this industry.

Because you want to continue in your chosen profession, you do not want to put your license at risk. Unfortunately, someone who believes that you did not act professionally could file a complaint and leave you facing administrative proceedings in front of the Florida Department of Business and Professional Regulation.

Why would someone complain?

Often, complaints against real estate agents result when a client loses trust in his or her agent. The client may feel that you did not act appropriately or did not handle a transaction well, and as a result, you have landed in a difficult predicament. If any of the following examples apply to your ordeal, you may understandably worry about your real estate license:

  • Misappropriating funds: Real estate agents handle clients’ money in various ways, such as keeping earnest money until closing, and if a client suspects that an agent took the funds for personal use or otherwise misused it, a serious complaint could result.
  • Not telling the truth: Some real estate agents may bend the truth or try to gloss over information in certain circumstances in efforts to make a deal, but lying about any information could result in serious claims against you and the potential for an administrative hearing.
  • Getting arrested: If authorities take you into custody, even for a crime unrelated to your real estate business, and you face a conviction, the state could suspend or revoke your real estate license.

If someone files a complaint regarding your actions, it could catch you completely by surprise. After all, you do your best to maintain integrity in your business practices and do not want to put your license in jeopardy. Unfortunately, panic may set in if you end up facing an administrative hearing. As a result, you may want to contact an attorney who can help you understand your available options for handling this type of ordeal. When your livelihood is on the line, you do not want to take any chances.

By : admin | May 29, 2020 | Real Estate Litigation

Do You Really Need An Attorney For A Real Estate Purchase?

Fort Lauderdale Real Estate Litigation Attorney

Buying a home is an exciting process, but it is also a process that can come with certain challenges and risks. This is why many Florida homebuyers find it beneficial to work with an experienced legal ally from the very beginning. This is a significant legal and financial step, and it’s worthwhile to be careful and cautious as you move forward.

If you want to buy a home, you know you will have to sign a purchase contract. By doing this, you are agreeing to the terms in the contract. Before you sign, it’s crucial to ensure you are not inadvertently exposing yourself to financial loss or legal complications down the road. From contract drafting and review to advocating for your interests in an unexpected situation, you will find it helpful to have a legal ally on your side at every step.

What’s going to happen? 

If this is your first home purchase, you may not know what to expect from the process. After the buyer and the seller agree to the asking price, you will then sign a contract. The following things will then happen before you can move into your new home:

  • You will need to finalize your financing.
  • There will be a title search, as is a requirement for most lenders.
  • Official ownership will transfer to you at the closing.

This may seem like a relatively straightforward process, but with all financial and legal transactions, there is the potential for complications. The inspection could reveal serious issues with the home, or you may discover a clear reason why you need to back out of the contract.

The terms of your contract

The terms of your purchase contract matter. It is in your interests to avoid unclear or unreasonable terms. The standard forms often used by realtors may not be enough to fully protect you, and a review of a contract could prove that you need to negotiate new terms or draft a contract suited to your individual needs.

If you are about to buy a home, make sure you are not also buying into potential problems down the road. There are many reasons why it can be beneficial for you to work with an experienced attorney, and you can discover these during an assessment of your case. Before you move forward, make sure you are doing everything possible to protect your interests.

By : admin | April 29, 2020 | Real Estate Litigation