What are the common defenses to real estate fraud?
Real estate fraud is a serious crime that seeks to take advantage of unsuspecting property owners in Washington. There are common defenses to real estate fraud that individuals can make if they feel they have been wrongfully accused. One defense is to prove the lack of intent. In order for an individual to be convicted of real estate fraud, the prosecution must prove that the accused had intent to commit the alleged fraudulent act. If the defendant can prove that they did not have the requisite intent, then the conviction may be overturned. Another defense is to demonstrate ignorance of the facts. If the defendant can provide evidence that they were not fully aware of the facts surrounding the alleged fraud, this can be used as a defense. For example, if the accused was not aware that certain information needed to be disclosed in a real estate transaction, they may be able to use this to their advantage. In addition, defendants may use a statute of limitations defense. This defense holds that the statute of limitations has expired and the case is therefore not applicable. Often, the statute of limitations can be used to prevent the prosecution from bringing a case to trial. Lastly, an affirmative defense may be used that demonstrates that the accused was acting in good faith. If the accused can demonstrate that they did not have any malicious intent, this may be enough to have the charges dropped. These are some of the more common defenses to real estate fraud in Washington. If an individual feels that they have been wrongfully accused, they should consult a lawyer to help them defend their case.
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