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NORTHERN CALIFORNIA RECORD

Tuesday, October 15, 2024

Plaintiff Alleges Real Estate Fraud Against Trustee and Realtor Over Home Sale

State Court
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A recent court filing has brought to light serious allegations of fraud and misrepresentation involving a real estate transaction in San Francisco. On October 2, 2024, Liudmila Naumik filed a complaint in the San Francisco Superior Court against Andrea Flora Augustin, Samantha Competente, Compass Realty, and several unnamed defendants. The lawsuit accuses the defendants of negligent and intentional misrepresentation, fraud, fraudulent inducement, breach of contract, and seeks punitive damages.

The case revolves around the sale of a property located at 55 Prague Street in San Francisco. According to the complaint, Naumik purchased the home on October 7, 2022, based on assurances from the defendants that it was free from defects. However, Naumik alleges that significant issues were concealed during the sale process. She claims that Andrea Flora Augustin, acting as trustee of the Resurreccion C. Abad Revocable Living Trust and daughter of the previous owner, along with Samantha Competente from Compass Realty, provided false disclosures about the property's condition.

Naumik asserts that she was led to believe there were no major issues with the home when in fact there were severe structural problems including roof damage leading to water pooling and drainage issues causing flooding and mold growth. The complaint details how these defects were intentionally hidden through superficial repairs meant to cover up deeper issues. For instance, contractors allegedly patched over rotting beams without addressing underlying structural concerns.

The plaintiff argues that these actions violated California Civil Code Sections 1102-1103 which mandate full disclosure of property conditions during sales transactions. By failing to disclose known defects and presenting misleading information about necessary repairs and property status—such as falsely claiming it was part of a probate sale exempt from full disclosure—the defendants are accused of committing fraud.

Naumik is seeking compensatory damages for repair costs estimated at over one million dollars along with punitive damages due to what she describes as malicious intent by the defendants to defraud her into purchasing a defective home. The lawsuit also demands attorney's fees and other legal costs associated with pursuing this action.

Representing herself in this legal battle is Liudmila Naumik who has filed her complaint pro se (without an attorney). The case is being heard under unlimited jurisdiction in San Francisco Superior Court with Case No: CGC-24-618659.

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