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ARTICLE ID 187551

$________ Fraud – Check written on insufficient funds for real estate deposit – Loss of liquidated damages after buyer’s default.

Santa Rosa County, FL

This action involved a real estate sales transaction between the plaintiffs and the defendant which was never consummated. The plaintiff alleged that the defendant committed fraud by writing a deposit check when she had insufficient funds in the bank to cover the check. The plaintiff claimed entitlement to the amount of the $________ deposit check as liquidated damages when the defendant allegedly defaulted on the real estate contract. The title insurance company, which had accepted the $________ check for escrow but never deposited it, was also named as a defendant in the case but settled the plaintiffs’ claims prior to verdict. The pro se defendant denied the plaintiffs allegations and denied that she committed fraud.

Evidence showed that the defendant wrote a check for $________ as a deposit on the purchase of property being sold by the plaintiffs. The check was never deposited by the Title Company (escrow agent) and was returned to the defendant. The plaintiffs claimed that there were insufficient funds in the defendant’s bank account to cover the check when it was written. The plaintiffs maintained that the defendant owed them $________ in liquidated damages after defaulting on the sales contract.The jury found that the defendant committed fraud against the plaintiffs and that the plaintiffs suffered damages as a result. The plaintiffs were awarded $________ in damages.

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