[RPPTL LandTen] Management Company's Fraud & Breach of Contract

[Anthony J. Horky]

I believe the lost financing opportunity may be a form of special damages, not necessarily a separate cause of action.  If the property management company knew about the refi plans, then it may be said that such damages was foreseeable.  With the fraud claim, I’d also allege a reservation to seek punitive damages upon an evidentiary showing.    

 

Regards, 

 


 

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Anthony J. Horky, Esquire

Anthony J. Horky, P.A.

2255 Glades Road, Suite 324A

Boca Raton, Florida 33431

T: 561.989.3206

F: 561.952.0096          

 <http://www.horkylaw.com> www.horkylaw.com

 


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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jariel Bortnick
Sent: Tuesday, November 29, 2016 11:07 AM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Management Company's Fraud & Breach of Contract

 

Interesting scenario has arisen that I thought I'd share with the group.

Landlord owns an apartment complex that is managed by a 3rd party property management company. Property management company consistently tells landlord the complex is 90%+ leased with minimal rent delinquency and supplies Landlord with rent rolls and other financial statements showing same. The property management company knows that the Landlord is planning to refinance the apartment complex in the very near future.

Within a few months, Landlord begins the refinancing process and shares the rent rolls/financial statements (provided by the management company) to potential lenders. During this process, Landlord notices major discrepancies and confronts the management company. It turns out that the complex is less than 40% leased and an employee at the management company (not an employee of the Landlord's) was forging leases, creating fake rent rolls and delinquency reports and also creating fake bank deposits. This employee's supervisors failed to notice any of this until confronted with evidence by the Landlord.

Landlord was close to locking in financing terms with a potential lender before the fraud emerged and now will have to wait at least 8-12 months to stabilize the complex. Of course, interest rates have already gone up significantly.

Along with standard claims (breach of contract, civil theft, fraud, etc.), would it be possible to recover for the lost refinancing opportunity? Is there any case law that would support such a claim?

Would greatly appreciate any insight from the group. Thanks in advance.

Jariel



-- 

Jariel Bortnick
561.703.1155

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