Fraudulent And Negligent Misrepresentation

Fraudulent misrepresentation is making false statements of facts for personal benefit. Fraudulent misrepresentation is one of several types of misrepresentations in the law. This is the most serious of the types of misrepresentation because it is done on purpose with the intent to trick another person.

In order for fraudulent misrepresentation to occur 6 elements must be satisfied including:

  • Making a false representation
  • The representation must be material to the transaction
  • The representation is known to be false or is made without the knowledge necessary to ensure that it is true
  • The representation was made in order to induce the other party to act
  • The other party relied on the representation as true
  • The party suffered damages as the result of the misrepresentation

If you have been the victim of a fraudulent misrepresentation you should seek the help of an attorney immediately. Our attorneys are experienced in working with cases of fraudulent or negligent misrepresentation. We will review your case and gather information and evidence to prove that the misrepresentation was done intentionally. This can be difficult to prove, however, our attorneys will work tenaciously to assist in getting you the resolution that you deserve.

A negligent misrepresentation is similar to a fraudulent misrepresentation. There are three main elements that must occur in order to prove that negligent misrepresentation has occurred including:

  • A false statement was made
  • The statement was directed towards the party involved
  • The statement caused the party to enter into a contract

Misrepresentations do not always need to be in the form of a positive assertion. Anything that is designed to deceive the other party may be considered fraudulent or negligent misrepresentation. This can include such things as gestures, partial-truths, innuendos, or even the failure to disclose.

Our attorneys will work diligently to help you recover your losses. You are entitled to any monies that you lost as a direct result of the fraudulent misrepresentation. These losses may extend past the direct contract.