Signs of Fraud

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BOS · Brokerage Operating System — Agent Training

Contract Fraud 101: The Schemes Playing Out on Your Listings Right Now

A signed contract with a deposit that never shows up isn’t a slow buyer. It’s usually one of a handful of known fraud patterns. Here’s how to recognize each one before it costs your seller time, money, or clear title.

Quick Answer

A buyer who signs a contract but stalls on the deposit is often trying to gain equitable title — the legal interest that arises from a signed contract, regardless of price — so they can shop or assign the contract before ever funding it. Other versions of this pattern target wiring instructions, appraisal values, or title itself. A hard, automatic default clause on the deposit deadline is the single strongest protection against nearly all of them.

Why This Matters to You as the Agent

Every one of these schemes routes through you. The fraudster needs an agent to make the contract look legitimate, to coordinate with title, and to keep the seller calm while the delay plays out. You’re not just a witness to this — you’re the checkpoint that either stops it or unknowingly enables it. Knowing the pattern is what lets you spot it in week one instead of month three.

The Six Schemes to Know

1. Equitable Title / Contract Flipping

Once both parties sign, Florida law treats the buyer as holding equitable title — a real, assignable interest — even before closing. A fraudster with no intention of closing signs at or near list price, then shops that contract position to a real investor for an assignment fee, or uses it as leverage against a competing property. The “deposit is coming” excuse buys time to find the flip. This scheme dies instantly with a hard deposit deadline and an automatic default clause.

2. Wire Fraud / Business Email Compromise (BEC)

The longer a fake deal stays “in process,” the more legitimate email traffic gets generated between agents, title, lender, and closing coordinators. Fraudsters use that traffic to study the players, then insert a spoofed email near closing with fraudulent wiring instructions. This is the single most expensive fraud type in real estate nationally. Verbal confirmation of wiring instructions, every time, by phone, using a known number — not one from an email — is the only real defense.

3. Seller Impersonation / Title Theft

Common on vacant land, inherited property, and out-of-state or elderly owners. The fraudster poses as the seller using forged ID and a spoofed phone/email, lists or contracts the property, and tries to close fast for cash before anyone verifies ownership. Title companies catch most of these with owner verification, but agents should be the first line: video call the seller, confirm mailing address history, and be suspicious of any seller who insists on rushing to close and avoiding video contact.

4. Property Reconnaissance

A signed contract often buys inspection access, sometimes keys or lockbox codes. Some “buyers” are casing the property — for theft of fixtures and appliances, for squatting once vacant, or simply for information about the seller’s schedule and security. Deposit-in-escrow should gate physical access, not a signature alone.

5. Straw Buyer / Mortgage Fraud

A buyer with poor credit or no real intent to occupy uses a third party’s identity and financials to qualify for financing, often paired with an inflated purchase price and a kickback arranged outside the contract. Watch for buyers who can’t clearly explain their own financing, last-minute changes to who’s on the loan, or purchase prices that don’t match comparable sales without a clear reason.

6. Appraisal / Comp Manipulation

A phantom high-dollar cash contract — like a $4.5M deal that never funds — can be used to set an artificial comp in the neighborhood, pressure a real competing buyer to act fast, or discourage other offers from coming in while the fraudster or an associate moves on a different property nearby. The contract never needs to close to do its damage; it just needs to exist on record long enough.

Red Flags by Scheme

Scheme Red Flag Your Move
Contract flippingRepeated deposit delays, vague excusesEnforce automatic default clause
Wire fraudAny email with new wiring instructionsPhone-verify with a known number, every time
Seller impersonationSeller avoids video calls, rushes to closeVideo-verify identity, confirm ownership history
ReconnaissanceAccess requests before deposit clearsGate all access behind funded escrow
Straw buyerBuyer can’t explain own financingFlag to lender and broker immediately
Comp manipulationPrice far outside comparable salesDocument, monitor MLS status closely
Day 1
Verify the deposit deadline is automatic, not discretionary
Every Email
Wiring instructions get a phone call, no exceptions
0 Access
Before escrow shows the deposit actually funded

If You’re Already in One of These Right Now

Send written notice of default the moment the deadline passes — don’t let it go silent. Check county records for anything filed against the property before you re-list. Document every excuse and timestamp. And loop in your broker or closing attorney early; this is not a wait-and-see situation.

Have a deal that looks off? Get a second set of eyes on it before it goes further.

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At a Glance

Topic: Real estate contract fraud schemes
Primary risk: Signed contracts with unfunded deposits
Strongest defense: Automatic default clause + phone-verified wiring instructions
Who this protects: Sellers, listing agents, buyer’s agents, title companies

Ask Your Assistant

“What does it mean if a buyer signs but never sends the deposit?” — It usually means they’re trying to hold the contract’s legal interest without ever funding it, so they can assign, flip, or leverage it elsewhere. A contract’s automatic default clause is what stops this.

Frequently Asked Questions

What is equitable title and why does it matter here?+
How long should I wait before treating a missed deposit as default?+
Should I still give inspection access if the deposit hasn’t cleared?+
What’s the single most effective protection against wire fraud?+
What do I do if I think a listing I’m on is being used in one of these schemes?+