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ConsumerAlert_BewareScammers_Oct2013

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21 views

ConsumerAlert_BewareScammers_Oct2013

Uploaded by

jesus aguirre
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Beware of Scammers Who Are Using the Names and

Information of Legitimate California Real Estate


Licensees

Issue Date: October 2013 By: Wayne S. Bell, Real Estate Commissioner
California Bureau of Real Estate

The California Bureau of Real Estate (“CalBRE”) has been made aware that some fraud
perpetrators, in order to create the appearance of legitimacy, are using the names and information
of actual real estate licensees to illegally engage in real estate licensed activities.

The purpose of this warning is to advise consumers and licensees of scams that involve the
misuse of the names of legitimate licensees and what steps should be taken to protect themselves
against such scams.

In connection with timeshare resale and/or rental schemes, CalBRE learned during investigations
that some of the schemers identified and represented themselves as licensed California real estate
agents.

Now, according to some industry representatives, criminals are using the names, license
numbers, and information of actual real estate agents in an attempt to “legitimize” and complete
other types of real estate scams as well.

With virtually no investment of money, scammers can create a domain name, website, email
address, and other information to make themselves appear to be whomever they want to be on
the Internet. The same is true with regard to purported “business” addresses, which in many
cases turn out to be just a post office box, a fake address, or the address of someone else.

And it is quite easy for an identity thief to access information (such as a name and license
number) with respect to reputable licensees and then pose as those licensees.

Advice for Real Estate Licensees Whose Names (and Information) Have Been or Are Being
Falsely Used:

Immediately report the fraud and file complaints with any or all of the following:

1. The relevant Internet domain name provider, and the Internet Crime Complaint Center at
www.IC3.gov.

2. CalBRE, at http://www.bre.ca.gov/Consumers/FileComplaint.html.

3. The California Attorney General, at http://oag.ca.gov/consumers.

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4. The District Attorney, Sheriff, local police and local prosecutor in your community. More
information about law enforcement agencies is available at https://oag.ca.gov/government/about.

5. The Federal Trade Commission, at http://www.consumer.ftc.gov/features/feature-0014-


identity-theft.

6. The Federal Bureau of Investigation (FBI), at http://www.fbi.gov/scams-safety.

7. The Consumer Financial Protection Bureau at


http://www.consumerfinance.gov/complaint/.

Also, real estate licensees who learn that their identities are being or have been used by some
third party or parties should: (i) send cease and desist letters to that person(s) demanding that he
or she refrain from posing as the licensee, and (ii) check their (the licensee’s) credit reports and
financial accounts to see if the scammers have used the identities for money or credit theft or
other purposes.

Further, licensees should do periodic online searches of their own names, license numbers, and
other information to see if anyone is using their identity or if anything negative is being said
about them because of what some scammer(s) has done.

Advice for Consumers on Ways to Verify the Legitimacy of Real Estate Agents:

Because scammers have posed and continue to pose as legitimate licensees, it is necessary that
consumers of real estate services verify that they are dealing with legitimate and licensed
California agents.

In order to do this, consumers should get the name of the person calling, emailing, making a
solicitation or offering real estate licensed services (e.g., the real estate broker or salesperson
they purport to be), look that person up on the CalBRE website (at www.bre.ca.gov), locate a
phone number for the licensee through the telephone company or a genuine phone directory, call
the licensee at that number and verify that the person who contacted the consumer(s) actually
works at the number called and works for the office identified on the CalBRE website, and then
speak with the identified licensee to confirm that he or she actually made the contact and/or
offered the services.

Also, consumers can ask to meet with the licensees in person, at their place of business. Many
licensees have photographs of themselves on their websites. Consumers can check to verify that
the photograph, telephone number, and other information all match the information that was
received in the initial contact.

Importantly, consumers need to know that requests for advance fees (fees or money before
services are performed), payments in cash, and “wire transfers” of monies are all warning signs
of fraud.

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If consumers have been scammed or learn of a fraudster posing as a legitimate real estate
licensee(s), the consumers should immediately report the fraud and file complaints as
recommended above for licensees.

Endnotes

Issued in: October 2013

The author wishes to thank Stella Ling, Esq. for her review of the first draft of this warning and
her editorial suggestions.

Disclaimer: The information provided in this warning has been provided as a service to
consumers, but it should not be considered legal advice or a substitute for the advice of
competent and professional legal counsel.

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