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Posts Tagged ‘misrepresentation’

Common Types of Fraud Actions

August 27th, 2010

By Mark Schecter | No Comments »

Have you been lied to or taken advantage of by another person or business? You may have a viable cause of action for fraud.

Earlier this week, we discussed the elements of fraud – a four-part threshold that must be satisfied to sustain an action against another person.

Today, lets look at 3 common types of fraud claims:

1. Fraud in the Inducement

This type of fraud takes place when someone deliberately deceives another person into taking action. This happens often when homeowners are tricked into transferring a deed giving their property away, while believing they are actually taking action to save their home.

2. Fraudulent Misrepresentation

When a person knowingly makes a false statement or misrepresents the truth, causing another person to take action and sustain losses, they are engaging in fraudulent misrepresentation. This can include deliberate lies as well as known omissions of fact.

To prove this type of fraud, you must show three things:

1) That the party providing the information is aware that the info is false;
2) The party’s intention is to convince another person to take action based on false information; and
3) The action-taker enters the agreement with the defrauder and sustains losses based on the information provided.

3. Negligent Misrepresentation

This type of fraud is similar to the fraud described in the preceding paragraph. Unlike the first, negligent misrepresentation involves carelessness. It occurs when a person relays information to another to encourage action without knowing for sure if the information is credible.

Proving your Fraud Claim

The elements that must be satisfied to support a cause of action are the same for each type of fraud mentioned above. The only differences are the facts that lead up to the fraudulent actions. To learn more about what is needed to prove your fraud claim, read this article.

If you (or your business) has been injured due to the fraudulent actions of another person, use this form to contact us, or give us a call at (954) 779-7009

Elements of Fraud Claims in Florida

August 25th, 2010

By Mark Schecter | 1 Comment »

fraud elementsMuch has been said about mortgage fraud in recent months, especially with Florida holding the second highest rate in the nation.

But fraudulent actions are not limited to mortgages and are occurring everyday throughout the real estate market.

One of the most common incidents of fraud is when a seller misrepresents a property or fails to disclose important information to the home buyer, which usually causes a financial loss to the latter party.

If you have experienced this, you may have a cause of action against the defrauder – but there are certain elements you must satisfy first.

The elements of a fraud claim, established in Huffstetler v. Our Home Life Ins. Co., 67 Fla. 324, 65 So. 1 (1914), are:

(1) a false statement must be made concerning a material fact;

(2) the seller had (or should have had) knowledge that the representation was false;

(3) an intention that the representation induces another to act on it; and

(4) an injury to the acting party (homebuyer) relying on the representation.

In Johnson vs. Davis, 480 So. 2d 625, 627 (Fla. 1985), Davis entered into a contract to buy the Johnsons’ home for more than $300,000. Davis paid $5000, the first installment of the deposit, and agreed to pay the second installment of $26,000.

They Davis family later noticed a problem with the home’s roof. And after further investigation, they came to realize the roof was more problematic than the Johnsons mentioned before.

Davis filed a lawsuit against the Johnsons asking to rescind the contract to purchase, and for return of the deposit payments.

The court held that a seller has a duty to disclose when he or she knows of facts that affect the value of the home, and those facts are not readily observable. The court also upheld the Huffstetler decision which sets the standard needed to establish a claim of fraud.

If you (or your business) has been injured due to the fraudulent actions of another person, use this form to contact our Florida business lawyers, or give us a call at (954) 779-7009.