CURRENT EVENTS July 31-Sept 27

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lawtig02 said:
Thanks. But wrong. And yeah, the legal valuation of MAL is about the most objective thing imaginable.

Also glad to know you're ok with fraud as well as the recipient of the fraud has the ability to determine the statement's truth or falsity.

I literally cannot imagine how you've kept a law license for so long.
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Under Georgia law, the alleged victim of fraud is required to exercise reasonable due diligence to discover the fraud. If he doesn't exercise that duty to discover an open and obvious condition, his claim for fraud fails. I've handled, and won, a number of real estate fraud cases on this basis. Fraud is only recoverable if the defect is latent and/or the owner took steps to conceal the defect. If the defect is patent, the buyer has the duty to discover the defect. A number of Georgia cases follow this line of reasoning: One case required the buyer to discover the zoning of a property when the seller misrepresented the zoning under the theory that the zoning maps were open to the public and thus discoverable. Another case found that a seller was not liable for fraud for misrepresentations about the roof of the property when damaged shingles were noticeable as well as water stains inside the residence. I won a summary judgment motion on a case where the buyer accused my client of misrepresenting the size of the lot and square footage of the commercial property since this information was readily available on the property tax records (same issue in Trump's case). "When a party fails to examine any of the public records available to him which would lead to the 'discovery' of a fraud, then a party fails to exercise due diligence as a matter of law." "A plaintiff, in exercising reasonable diligence in the discovery of fraud is charged with notice of every fact shown by the public records, and is presumed to know every other fact which an examination suggested by the record would have disclosed."

I can't recall if this is the law of North Carolina since I haven't practiced law in NC in many years - I'm guessing it's not given your reaction. But I ask first before accusing another attorney of being an idiot.
 
heelinhell said:
NEW YORK — A New York appeals court on Thursday threw out the massive financial penalty a state judge imposed on President Donald Trump, while narrowly upholding a finding he engaged in fraud by exaggerating his wealth for decades. The ruling spares Trump from a potential half-billion-dollar fine but bans him and his two eldest sons from serving in corporate leadership for a few years.

So the court essentially ruled that Trump is a fraud but let's not punish him too much for being a fraud😕
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They gave Trump a white collar punishment for a rich white person.
 
altmin said:
I'll say it again, if you have the means to get out of the U.S., now is the time.
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I dream of doing so. Unfortunately we have a disabled adult child who keeps us anchored here but would be gone by now otherwise. I fear the worst-for him and us.
 
Kingpin said:
I dream of doing so. Unfortunately we have a disabled adult child who keeps us anchored here but would be gone by now otherwise. I fear the worst-for him and us.
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I'm sorry for your situation. That makes it really tough. I know many others are in similar situations.
 




Credit where it is due, these are two excellent lawyers and great people.
 
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