The Mercury News

Scary scam targets buyers’ down payments

EXPERTS CAUTION AGAINST WIRING MONEY BASED ON INFO IN AN EMAIL

- By Marilyn Kennedy Melia CTW FEATURES

Marie Campbell and her fellow agents at Berkshire Hathaway HomeServic­es in Chicago now attach a rider to their contracts: “It says that buyers should not accept any email instructio­ns about wiring money to a closing. They must only follow oral instructio­ns,” she relates.

Buyers should “pick up the phone, calling a number they know is their agent’s and confirm wiring instructio­ns,” adds Jessica Edgerton, associate counsel at the National Associatio­n of Realtors. Never rely on a number you find in an email, she warns.

Even better, receive wire transfer instructio­ns in person, Campbell says.

Her adamant warning comes after a buyer served by her office last year was one of some 500 victims nationwide — according to FBI stats — fleeced out of a down payment and/or closing funds.

Basically, criminals hack into a real estate firm’s email, or an electronic transactio­n platform that all parties in a home purchase transactio­n use to track documents.

The criminals send an email to the buyer to wire the funds for closing to a false bank account. The thieves then empty that account.

“The criminals make these emails seem so real,” Campbell says. “Right after an agent sends an email to a client, they will send another one saying, ‘Oh, I gave you the wrong number a minute ago, here is the right one.’”

In some cases, buyers can’t recover the funds. “But if a buyer calls the FBI within 72 hours, they might be able to get it back,” Edgerton says.

While real estate agents may have insurance covering some cyber crime, Edgerton advises them to still follow the oral instructio­n rule, since their policy may not cover this specific crime. Likewise some homeowners insurance provides identity and other cyber theft, but may exclude this. Besides, “the buyer hasn’t actually bought the house, yet,” rendering homeowners insurance on it null, she concludes.

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