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Complaint By Buyer Vs. Seller And Broker
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    (Name, Address Of Party or attorney)
    ____________
    ____________
    ____________
    State Bar No: ______
    (____) _____ - ________
    Attorney for _______ (Or "In Pro Per")

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ________

 

[PLAINTIFF(S) NAMES]
Plaintiffs,

 

v.
 
[DEFENDANT(S) NAMES]
Defendants
 
 
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CASE NO: _______
 
COMPLAINT FOR DAMAGES AND FRAUD

Plaintiff complains and for causes of action alleges as follows:

1. Plaintiff, __________ [name], is an individual residing
in __________ County, California.

2. Defendant, __________ [name of broker] ("broker"), is
now, and at all times mentioned in this complaint was, a
California real estate broker license number __________.

3. Defendant, __________ [name of agent] ("agent"), is
now, and at all times relevant to this action was, a duly
licensed real estate agent, licensed under the laws of the State
of California, license number __________, and an employee of
broker.

4. Defendant, __________ [name of seller] ("seller"), is
now, and at all times mentioned in this complaint was, an
individual residing in __________ County, California.

5. Plaintiff does not know the true names of defendants
DOES 1 through 25, and therefore sues them by those fictitious
names. Plaintiff is informed and believes, and on the basis of
that information and belief alleges, that each of those
defendants was in some manner legally responsible for the events
and happenings alleged in this complaint and for plaintiff's
injuries and damages. The names, capacities and relationships
of DOES 1 through 25 will be alleged by amendment to this
complaint when they are known.

6. Plaintiff is informed and believes, and on that basis
alleges, that at all times mentioned in this complaint,
defendants were the agents and employees of their codefendants,
and in doing the things alleged in this complaint were acting
within the course and scope of that agency and employment.

7. On or about __________ [date], broker and agent
represented seller in seller's effort to sell real property
described in paragraph 9 of this complaint.

 

FIRST CAUSE OF ACTION
(Breach of Written Contract for Sale of Real Property)

8. Plaintiff incorporates by this reference paragraphs 1
through 7 of this complaint.

9. On or about __________ [date], plaintiff and seller
entered into a written agreement in which plaintiff agreed to
purchase and seller agreed to sell real property located at
__________ [location and address of property, if any] ("the real
property"), more particularly described as __________ [set forth
legal description]. A copy of the written purchase and sale
agreement ("the agreement") is attached to this complaint as
Exhibit __________ and is incorporated by this reference. The
agreement includes a provision for recovery of attorney fees by
the prevailing party in the event an action is brought under the
agreement.

10. Prior to plaintiff's execution of the agreement,
seller, broker, and agent presented plaintiff with a Real Estate
Transfer Disclosure Statement dated __________ [date] that was
prepared by these defendants and signed by them. A copy of the
Real Estate Transfer Disclosure Statement ("the disclosure
statement") is attached to this complaint as Exhibit __________
and is incorporated by this reference.

11. Plaintiff relied on the representations set forth in
the disclosure statement in entering into the agreement and the
statement was incorporated into the agreement.

12. Plaintiff performed all conditions, covenants, and
promises on plaintiff's part to be performed in accordance with
the terms and conditions of the agreement.

13. Plaintiff closed escrow and took possession of the
real property on __________ [date].

14. Plaintiff is informed and believes, and on that basis
alleges, that seller breached the agreement by failing to
disclose material and important information regarding the
condition of the real property that was within seller's
knowledge as follows: __________ [set forth specific details as
to disclosure failure].

15. In the disclosure statement, seller, broker, and agent
state that __________ [set forth erroneous statements made in
the disclosure statement].

16. Plaintiff relied on the seller's, broker's, and
agent's representations as set forth in the disclosure statement
and that reliance was reasonable.

17. Plaintiff would not have entered into the agreement
had plaintiff known the true facts.

18. As a result of seller's breach of the agreement,
plaintiff has been damaged in that __________ [set forth
specific details as to damage, such as: plaintiff has been
forced to incur the cost and expense of correcting the defects
and problems on the real property.]

WHEREFORE, plaintiff demands judgment as set forth below.

 

SECOND CAUSE OF ACTION
(Violation of Civil Code sections 1102 et seq.)

19. Plaintiff incorporates by this reference paragraphs 1
through 18 of this complaint.

20. Seller, broker, and agent owed plaintiff a duty under
Civil Code sections 1102 et seq. to inspect and to disclose
fully and fairly all facts that materially affect or relate to
the condition of the real property and to disclose truthful and
complete, rather than misleading, information.

21. Plaintiff is informed and believes, and on that basis
alleges, that broker and agent failed to undertake an inquiry of
seller as to the condition of the property or to undertake a
reasonably competent and diligent visual inspection of the real
property to determine whether the items set forth in the
disclosure statement were true in that __________ [state
specific basis for failure of reasonable investigation].

22. Seller, broker, and agent failed to comply with the
requirements of Civil Code sections 1102 et seq. by failing to
supply required material information as to the condition of real
property, and by instead supplying information that did not meet
the requirements of these provisions, and these actions were not
in good faith.

23. As a result of the failures of seller, broker, and
agent to comply with Civil Code sections 1102 et seq., they are
each liable in the amount of actual damages sustained by
plaintiff as set forth in this complaint.

WHEREFORE, plaintiff demands judgment as set forth below.

 

THIRD CAUSE OF ACTION
(Fraudulent Concealment)

 

24. Plaintiff incorporates by this reference paragraphs 1
through 23 of this complaint.

25. Seller deliberately concealed the true facts regarding
the real property from plaintiff, and broker and agent either
deliberately concealed the true facts known to them or failed to
make any reasonable investigation to determine the true facts
from which representations were made as to the condition of the
real property to determine whether they were true or false, and
without having any sufficient basis on which to make any
representations, knowingly made false representations,
concealing the true condition of the real property as set forth
in this complaint.

26. Seller, broker, and agent concealed the facts when
they each knew the true and correct facts regarding the real
property.

27. The concealment of the true facts from plaintiff was
done with the intent to induce plaintiff to enter into the
agreement.

28. Plaintiff's reliance on statements made by seller,
broker, and agent was justified in that __________ [state basis
for reliance, such as: the seller had owned the real property
for a number of years and the broker and agent had access to
information known to the seller or could ascertain it by a
reasonably competent and diligent investigation and inspection].

29. As a proximate result of the fraud and deceit alleged,
plaintiff was induced to purchase the real property. Plaintiff
has been damaged in the amount set forth in the demand for
relief.

30. Plaintiff's damages include out-of-pocket costs and
expenses and loss of use of the real property.

31. In doing the acts alleged in this complaint, seller,
broker, and agent acted with oppression, fraud, and malice as
defined in Civil Code section 3294, and plaintiff is entitled to
punitive damages to make an example of and to punish these
defendants in addition to actual damages.

WHEREFORE, plaintiff demands judgment against defendants
for the following:

1. For compensatory damages against seller in the amount
of $__________

2. For compensatory damages against broker and agent in
the amount of $__________;

3. For interest at the rate of __________ percent per
annum;

4. For punitive damages;

5. For reasonable attorney fees according to proof;

6. For costs of suit incurred in this action; and

7. For such other and further relief as this court may
deem just and proper.

 

 

 DATED: _______________  __________________________________________
   (Signature)

 

VERIFICATION

I, ___, am a ___in the above-entitled action. I have read the foregoing ___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

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