Real Estate Fiduciary Audit

When is a Real Estate Agent or Broker a fiduciary and liable for investors' losses?

A prominent legal expert on Fiduciary Duty states, "fiduciary duty is an extremely broad concept and likely to cause liability to be found in new situations"

A link to Courtinfo.ca.gov includes information about fiduciary duty of Real Estate agents, Stockbrokers and Escrow Holders.

Recently, Mr Kimmons writes that the acronym OLDCAR outlines a Real Estate Agent's fiduciary duty owed to investors.

CNN reports, in some cities, home prices to take decades to recover and Bloomberg reports that the Massachusetts Supreme Judicial Court has leveled a blow mortgage note transfers and assignments in blank. 

Trump is targeted by investors in a Baja Mexico lawsuit reported here on Bloomberg.

Real Estate Fiduciary Auditwhen real estate agents, dual agents or brokers or developers handle transactions of real estate property knowing it is NOT intended as a primary residence but an investment asset owned by a trust, partnership, LLP, LLC, ERISA Qualified Pension Retirement benefit plan, Profit Sharing, Money Purchase, Keogh Plan, 401k plan, IRA (individual Retirement Account Arrangement) or SEP IRA. 

Real estate investments may fall under the Prudent Investor Act or ERISA when a Pension plan, trust, LLC LLP or FLP is effectively the "investor."

Real Estate Fiduciary Auditreviews the Agent's, Broker's or Developer's investment fiduciary duty owed to the investor, in addition to disclosures of property defects. Investors include LLPs, LLCs, FLPs, partnerships, trusts or pension benefit plans under ERISA or the Uniform Prudent Investor Act (UPIA).  California adopted UPIA in 1996.  As of 2009, 46 states, the District of Columbia and V.I. substantially follow UPIA

The American Bankers Association approved UPIA and offers additional resources.

Real estate losses suffered by Apartment / Multi family property owners, Rental property or real estate LP investors' factors may range from an agent's breach of investment fiduciary duty to potential real estate fraud.

info@fiduciaryexpert.com or (310) 943 - 6509

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