This sample California complaint for real estate fraud contains causes of action for breach of contract, failure to disclose in a Real Estate Transfer Disclosure Statement and fraud by concealment. The sample names the seller, broker and agent as defendants and includes brief instructions.

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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
For the County of _________________
Any Plaintiff,
Plaintiff,
vs.
_____________________________1and DOES 1
through 100, inclusive
Defendants.
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Case No.
Unlimited Civil, Demand over $25,000.00
COMPLAINT FOR:
1. BREACH OF CONTRACT
2. VIOLATION OF CIVIL CODE SECTION
1102, et seq.
3. FRAUD BY CONCEALMENT
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COMPLAINT FOR BREACH OF CONTRACT, FRAUD, ETC.

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Plaintiff, ______________1hereby files a Complaint and alleges as follows:
ALLEGATIONS COMMON TO AND INCLUDED IN
ALL CAUSES OF ACTION
11. Plaintiffs, __________, and _______, (“Plaintiff” or “Plaintiffs” ) are now, and at all
relevant times mentioned herein were, individuals, residing and working in the County of
_____________, State of California.
2. Defendant, __________ ("broker"), is now, and at all times mentioned in this
complaint was, a duly licensed California real estate broker, licensed under the laws of the State of
California, license number __________, doing business at _____________ in the City of ________,
County of ___________, California. Thus this Court is the proper Court for the trial of this action as
Defendant does business within its jurisdictional area.
3. Defendant, __________ ("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. Thus this Court is the proper Court for the trial of this
action as Defendant does business within its jurisdictional area.
4. Defendant, __________ ("seller"), is now, and at all times mentioned in this complaint
was, an individual residing in __________ County, California. This Court is the proper Court for the
trial of this action as seller presently residing within its jurisdictional area.
5. Plaintiff is unaware of the true names or capacities, whether they are individuals or
business entities, of Defendant DOES 1 through 100, inclusive, and sues them by such fictitious
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COMPLAINT FOR BREACH OF CONTRACT, FRAUD, ETC.

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names. Plaintiff will seek leave of this Court to insert their true names and capacities once they have
been ascertained.
6. Plaintiff is informed and believe and upon such information and belief alleges,
that the defendant, _______________, and DOES 1 through 100 inclusive, were, at all times herein
mentioned, authorized and empowered by each other to act, and did so act, as agents of each other,
and all of the things herein alleged to have been done by them were done in the capacity of such
agency. Upon information and belief, all Defendants are responsible in some manner for the events
described herein and are liable to Plaintiff for the damages it has incurred.
7. The real property (“Subject Property”) that is the subject matter of this action is
commonly described as __________________________________ in the City of ___________,
County of ___________, California, and legally described as INSERT FULL LEGAL
DESCRIPTION FROM THE DEED AND THE ASSESSOR’S PARCEL NUMBER A.P.N.
_______________.
8. On or about __________ , broker and agent represented seller in seller's effort to sell
Subject Property described in paragraph 5 of this complaint.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
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COMPLAINT FOR BREACH OF CONTRACT, FRAUD, ETC.

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FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT
(As against all Defendants)
9. Plaintiff realleges the allegations contained in paragraphs 1 through 8, inclusive,
hereinabove, as though set forth in full herein, and incorporates them into this cause of action by
reference.
10. On or about __________ , plaintiff and seller entered into a written agreement in
which plaintiff agreed to purchase and seller agreed to sell the Subject Property. A copy of the
written purchase and sale agreement ("the agreement") is attached hereto to this complaint as Exhibit
__________ and is incorporated herein by 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.
11. Prior to plaintiff's execution of the agreement, seller, broker, and agent presented
plaintiff with a Real Estate Transfer Disclosure Statement dated __________ that was prepared by
these defendants and signed by them. A copy of the Real Estate Transfer Disclosure Statement ("the
disclosure statement") is attached hereto to this complaint as Exhibit __________ and incorporated
herein by reference.
12. Plaintiff relied on the representations set forth in the disclosure statement in entering
into the agreement and the statement was incorporated into the agreement.
13. Plaintiff has performed its obligations under the terms of the agreement in the
manner specified therein except for those obligations plaintiff was prevented or legally excused from
performing.
14. Plaintiff closed escrow and took possession of the Subject Property on __________.
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COMPLAINT FOR BREACH OF CONTRACT, FRAUD, ETC.

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15. 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: State in detail what the seller,
broker and agent failed to disclose regarding the property.
16. In the disclosure statement, seller, broker, and agent state that __________ State in
detail what the seller, broker and agent stated in the disclosure
statement.
17. Plaintiff relied on the seller's, broker's, and agent's representations as set forth in the
disclosure statement and that reliance was reasonable.
18. Plaintiff would not have entered into the agreement had plaintiff known the true facts.
19. As a result of seller's breach of the agreement, on or about ________, plaintiff has
been damaged in that plaintiff has been forced to incur the cost and expense of correcting the defects
and problems on the Subject Property.
20. The damages suffered by plaintiff are not yet ascertained, but said damages exceed the
jurisdictional minimum of this court, plus interest at the legal rate of 10% per annum from and after
_____________, and which sums will be proven at time of trial.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation.
To view the sample document on which this preview is based visit:
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COMPLAINT FOR BREACH OF CONTRACT, FRAUD, ETC.

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http://www.scribd.com/doc/147328415/Sample-California-
Complaint-for-Real-Estate-Fraud-against-seller-broker-and-agent
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COMPLAINT FOR BREACH OF CONTRACT, FRAUD, ETC.

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http://www.scribd.com/doc/147328415/Sample-California-
Complaint-for-Real-Estate-Fraud-against-seller-broker-and-agent
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COMPLAINT FOR BREACH OF CONTRACT, FRAUD, ETC.