My real estate agent forged buyers and sellers signatures on an extension.

Asked about 2 years ago - Reno, NV

We (the sellers) signed an extension and dated it. It was then returned to the agent. She changed the document wording, forged our signature and changed the date, she then sent it on to the buyers agent. It was then signed it and returned to my agent. She changed our signatures back to the original and then forged the buyers signatures. Why would she do this and what recourse to I have. We are told that we are at the final final final stages of the short sale. I do not want to delay or stop the short sale but what she has done is wrong and probably criminal. I just don't understand why she would do this

Attorney answers (1)

  1. Howard Robert Roitman

    Contributor Level 17

    Answered . This was done to make sure the sale goes thought. Several different methods can be used to forge signatures. One method is the "freehand method", whereby the forger, after careful practice, replicates the signature by freehand. Although a difficult method to perfect, this often produces the most convincing results.[1]
    In the "trace-over method", the sheet of paper containing the genuine signature is placed on top of the paper where the forgery is required. The signature is traced over, appearing as a faint indentationIn the United States, common law recognizes nine elements constituting fraud:[8][9]
    a representation of an existing fact;
    its materiality;
    its falsity;
    the speaker's knowledge of its falsity;
    the speaker's intent that it shall be acted upon by the plaintiff;
    the plaintiff's ignorance of its falsity;
    the plaintiff's reliance on the truth of the representation;
    the plaintiff's right to rely upon it; and
    consequent damages suffered by the plaintiff.
    To establish a claim of fraud, most jurisdictions in the United States require that each element be pled with particularity and be proved with clear, cogent, and convincing evidence (very probable evidence). The measure of damages in fraud cases is computed using the "benefit of bargain" rule, which is the difference between the value of the property had it been as represented and its actual value. Special damages may be allowed if shown proximately caused by defendant's fraud and the damage amounts are proved with specificity.on the sheet of paper underneath. This indentation can then be used as a guide for a signature.[1]
    [edit]Detection

    A number of characteristics can suggest to an examiner that a signature has been forged, mostly stemming from the forger focusing on accuracy rather than fluency. These include:[1]
    Shaky handwriting
    Pen lifts
    Signs of retouching
    Letter proportions
    Very close similarity between two or more The broker has a duty to supervise and monitor agents working at the office. Many states require licensed agents to carry insurance policies to cover damages they may cause in the course of their business.
    You may contact the state real estate board or commission and file a complaint against the agent and broker. You also may request information regarding the agent and broker's insurance or bond to cover error's and omissions. Do not delay as your time to act may be limited. You may also file a civil suit and once you obtain a judgment may obtain a lien against the agent's property or seek to garnish income.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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