Forstein and Weinstein Frauds - Group 1 - Inspection Misrepresentations and Fraud

1. In 2015 the defendant purchased the home

2. In 2015 the defendant paid for a report for buyer that identified the following defects

   1. HS1 - Gas Furnace combustion hazard

   2. HS2 - Gas Water Heater Combustion hazard 

   3. HS3 - Grade and standing water concerns in north yard

   4. HS4 - Insulation installed upside down in crawl

   5. HS5 - water pressure / volume concerns 

   6. C1 - moss on west facing roof

   7. C2 - no access to 2nd floor attic
      
      For admits please use the following:

      1. The 2015 report identified the gas furnace as a combustion hazard. 

      2. The 2015 report identified the gas water heater as a combustion hazard. 

      3. The 2015 

3. Upon belief, seller shared that report with sellers agent via online folder sharing of apple or google or dropbox or other prior to 1/28/2021

4. Seller's Agent ordered Vierra report, contrary to broker duties

5. Vierras produced a report that failed to represent

   1. HS1 - Gas Furnace combustion hazard

   2. HS2 - Gas Water Heater Combustion hazard 

   3. HS3 - Grade and standing water concerns in north yard

   4. HS4 - Insulation installed upside down in crawl

   5. HS5 - water pressure / volume concerns 

   6. C1 - moss on west facing roof

6. Vierras produced a report that referenced concerns about 2nd floor access but it was done in a faulty manner 

7. Seller's Agent ordered and paid for Carriaga report , contrary to broker duties

8. Carriaga report omitted

   1. x, y, z

9. On 3/18/2021 seller signed TDS and SPQ with no indications the 2015 report existed

10. On 3/18/2021 seller signed TDS and SPQ with no indications he would be providing the 2015 report for representations

11. On 3/18/2021 sellers TDS and SPQ contained no representations of material fact and material defecit related to (x, y, z)

12. On 3/30/2021 buyers ratified offer on home with no idea about x, y, z

13. From 4/3/2021-4/7/2021 buyers discovered x, y, z

14. From 4/8/2021 trhough 4/13/2021 buyers sent emails asking about property conditions not disclosed

15. The buyers 17 day condition contingency period was due to end on April 16

16. On 4/16/2021 Sellers agent sent over seller's 2015  report

17. Seller believes that because he provided his 2015 report on April 16, he is free of liability from misrepresentation

18. Seller's Agent believes that becuase he provided seller's 2015 report on April 16,  he is free of liabilty from misrepresntation. 

19. Seller and Seller's Agent are guilty of misreprsentation of x, y, z

20. Seller and Seller's Agent are gulity of fraudulent misrepresentation of x, y, z. 

21. Seller and Sellers agent are jointly responsible for compensatory damages for misrepersenation of xyz. 

22. Seller and sellers agent are separatley responsible for punitiive damages for misreprseantion of xyz. 

Forstein and Weinstein Frauds - Group 1 - Inspection Misrepresentations and Fraud

Forstein and Weinstein Frauds - Group

1. Home Utility Bills

2. Well Utility Bills

3. Septic Mainline 

4. HVAC duct imbalance