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John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
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SHTF: "We Buy Houses" Guy Sues When Seller Defaults

John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Posted Apr 28 2017, 14:19

The title is short but may not reflect the entire transaction.

Seller was approached by "buyers". After believing all the "buyers" representations were not true, seller defaulted on a contract which he signed. "Buyer" has filed suit and seller has responded with a counter suit. I believe this case will have ramifications for others that want to play the unlicensed brokering game writing contracts with no intention to actually purchase.

Here is the County Case:

Style:COLD HARD DEALS LLC vs ROCCO A BOVENZI
Uniform Case Number:112017CA0004320001XXFiled:03/10/2017
Clerks Case Number:1700432CA
Court Type:CIRCUIT CIVILDisposition Judge:
Case Type:OTHER REAL PROPERTY ACTIONDisposed:
Judge:BRODIE, LAUREN LReopen Reason:
Case Status:PENDINGReopened:
Next Court Date:00/00/0000Reopen Close:
Last Docket Date:04/20/2017Appealed:
PartiesDocketsEventsFinancials
NameTypeDOBCity, State, Zip
COLD HARD DEALS LLCPLAINTIFF
WEST COAST GLOBAL PROPERTIES LPLAINTIFF
BOVENZI, ROCCO ADEFENDANT
DUGAN, RYAN PATRICKPLAINTIFF'S ATTORNEYFORT MYERS, FL 33901
DUGAN, RYAN PATRICKPLAINTIFF'S ATTORNEYFORT MYERS, FL 33901
FISHER, PETER M.DEFENDANT'S ATTORNEYFORT MYERS, FL 33908

"Buyer" cold hard deals LLC is managed by logan hand. You can find some info about logan hand here:

HAND, LOGANComplaint ID1564793
CountyLeeProfessionRevenue Receipt Only - Individual
Street Number6900Complaint Number2015050001
Address Line1DANIELS PARKWAYComplaint ClassUnlicensed Activity
Address Line2SUITE 29-317Entered Date11/16/2015
Address Line3Disposition Date5/5/2016
CityFORT MYERSComplaint DispositionNolle Pros
StateFL
Zip33912
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Here is the current case which the owner of the house identified in the complain above has filed. Note the state has found his complaint to be "legally sufficient" to be turned over to the state legal department.

HAND, LOGANComplaint ID1641395
CountyLeeProfessionRevenue Receipt Only - Individual
Street Number12421Complaint Number2017011004
Address Line1MCGREGOR BLVD.Complaint ClassUnlicensed Activity
Address Line2Entered Date3/8/2017
Address Line3Disposition Date3/8/2017
CityFORT MYERSComplaint DispositionLegally Sufficient
StateFL
Zip33919

Last but no least, here is information on logan hands attorney:
https://www.avvo.com/attorneys/33901-fl-ryan-dugan...

Note he has been disciplined by the bar.

Note hand is now facing his second complaint dealing with the state. Some guys don't learn the first time.

This is an interesting case to watch. Those putting properties under contract with no intention or ability to close COULD find themselves being sued for FRAUD, FDUPTA, and more. Many of these operators have been MISLED by guru BS. Most of those guys don't know Florida law. In a nutshell: using contracts to circumvent licensing law does NOT work in this state and it is a presumption by the state the person is brokering without a license.

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