How can a company be found for fraud?

Full question:

I purchased a trailer and land for $46,000 contract for deed. The people from whom I purchased the property now inform me they owe a $30,000 balloon payment in April 2009. I know they are fraudulent, but I want to know if the real estate company that handled the contract is also liable for damages. The real estate company received $2,700 for their services. The people I bought the property from are divorcing and will not refinance the balloon payment.

• Category: Contract for Deed
• Date: 04/07/2025
• State: Kentucky

Answer:

The answer will depend on all the facts and circumstances involved. In order to be found liable for fraud, an intent to deceive must be proven. To hold a real estate company liable for fraud in preparing or procuring a contract, it would be need to be shown that they had knowledge of the facts and misrepresented or intentionally concealed them in order to cause you to act in reliance on their representations, and that reliance led to harm.

In order to prove a company negligent in providing services, they must be shown to have a duty to you as their client, that they failed to exercise the standard of care of other companies in the industry in your area, and that the failure to exercise reasonable care was the cause of injury to you. I suggest you contact a local attorney who can review all the facts and documents involved.

The following is a KY statute:

365.050. Unfair trade practices.

The secret payment or allowance of rebates, refunds,
commissions or unearned discounts, whether in the form of money
or otherwise, or secretly extending to certain purchasers
special services or privileges not extended to all purchasers
purchasing upon like terms and conditions, to the injury of a
competitor, and where such payment or allowance tends to
destroy competition, is an unfair trade practice, and no person
shall resort to such trade practice.