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Real estate scams when buying or renting in California: how to tell if the seller is the real owner

Listings for homes that don't belong to the advertiser, deposits paid straight to strangers, properties with hidden debts. Realtor Mariness Chata explains the safeguards in the American system — and rule number one: a real estate agent never takes money from the buyer.

Episode 1 • Part 3 of 5

Real estate scams show up often in Brazilian community groups. In the first episode of Cadê Moradia, Jason Lanzarini describes the most common ones: someone lists a house that is for sale (and empty) as if it were for rent, takes a deposit to "secure" the property and disappears. When buying, the risk is paying a deposit to someone who isn't the owner, or buying a property with a debt hanging over it. He asks realtor Mariness Chata, who has worked in real estate in the region since 1990, how to protect yourself.

Her answer starts with a simple rule.

"Rule number one is that a real estate agent never receives money from the buyer. Nothing. It never passes through our hands." — Mariness Chata, on the episode

The money goes to escrow, not to people

In a California purchase, the contract calls for an initial deposit, but it goes to an independent, regulated company, escrow, which holds the money and documents until closing. The agent never touches the money, and the seller only gets paid once every condition of the contract has been met. If anyone asks for a direct transfer to a personal account "to hold the deal," that's a red flag. (How escrow works is covered in its own article in this newspaper.)

One extra precaution: scammers also spoof emails from escrow companies and agents to swap the wiring instructions at the last minute. Before any transfer, confirm the instructions by phone, using a number you obtained independently — never the one in the email itself.

How to find out who the owner is

Mariness explains that ownership is recorded in a public document, thedeed, filed with the county recorder. Buyers can ask their agent to show them that record and confirm that the person signing the contract is, in fact, the owner.

When there's a loan, another mandatory safeguard kicks in: the title report (preliminary title report), prepared by an independent title company. It lists everything "attached" to the property — mortgages, unpaid taxes, easements and liens. Based on it, the same company issues title insurance, which protects the buyer and the lender against ownership problems that didn't turn up in the search.

In an all-cash purchase, Mariness notes, the report isn't required by a bank — the buyer could, in theory, skip it. "You can buy with your eyes closed if you want. But it's a risk."

What a lien is

There's no exact translation in Portuguese, and Mariness herself struggles to explain it on the episode. A lien is a legal claim recorded against a property. Her example: you remodeled your kitchen and never paid the contractor. The company can record a lien with the county and, when the house is sold or refinanced, it has to be paid first. In California, construction contractors have short deadlines for this — generally up to 90 days after the work is completed (the so-called mechanic's lien, under the Civil Code). Unpaid taxes, homeowners association (HOA) dues and court judgments can also create liens.

Jason points out this is especially important at auctions of homes and land, where city fines and charges — such as lot clean-up — may come attached.

Buying directly from the owner: allowed, but get help

Mariness says buying directly from an owner isn't wrong. Her advice is to pay an agent to oversee the transaction, even if the buyer negotiates alone, because the standard California contract, together with its addenda and required disclosures, runs past a hundred pages — and you need to understand every paragraph and the protections the law provides.

It's also worth checking who that professional is: brokers and agents in California are licensed by the Department of Real Estate (DRE), and licenses can be looked up for free on the department's website. On the episode, Mariness explains the hierarchy: a broker can open their own brokerage and have agents working under their supervision; an agent with a sales license must work under a broker. She herself is a broker and works under the banner of a national network.

Rentals: the simplest scam

  • Be wary of rents far below the local market and of any rush to collect a deposit.
  • Tour the inside of the property with the person who will sign the lease.
  • Confirm that whoever is renting it out is the owner or an authorized property manager.
  • Don't pay in cash, gift cards or transfers to a personal account without a signed lease.

Checking prices on sites like Zillow helps give you a reference, but Mariness warns that these portals' automated estimates are not appraisals — the algorithm gets it wrong, and the sale price of another house says little about the condition of the one you're looking at.

Sources and verification

  • Episode 1 of the Cadê Moradia podcast (February 2026), with Mariness Chata and Jason Lanzarini.
  • California Department of Real Estate — public license lookup for brokers and salespersons.
  • California Civil Code, sections 8400 et seq. — mechanic's liens and recording deadlines.
  • FBI / Internet Crime Complaint Center — alerts on wire fraud in real estate purchases (business email compromise).
  • Federal Trade Commission — guidance on rental scams.

This topic comes from the full episode — watch it:

CADÊ BRAZIL

Sources & editorial note

This article is a reference edition of episode 1 of the podcast and is subject to edits and editorial additions. For the full conversation, watch the episode. — Updated on 30/09/2026.

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