For an agreement or contract to be considered fair and just, all elements surrounding the contract, including those leading up to the contract, have to be considered fair and just. If a party knowingly misrepresents material facts to induce the other party to enter into a contract under false pretenses, it may be regarded as an intentional misrepresentation. Consult with a complex business counsel for more information about your legal rights.
Lawyer for Intentional Misrepresentation in Miami, FL
A party’s words can impose a heavyweight on the party entering into the contract. If a party has knowingly stated or implied fraudulent information to lure the other party into the contract, that is considered fraud and under certain circumstances the contract could be rescinded.
Our attorneys at Abrams Justice handle an array of complex business litigation cases. Though business tort law can be challenging to understand, our attorneys can apply our experience and wisdom to your case. You should not have to comply with an agreement if it was based upon fraudulent or false pretenses.
Our attorneys work with clients in the cities of Miami, Hialeah, Doral, Coral Gables, Homestead, Cutler Bay, Broward County and Palm Beach County. Contact us at 305-709-0880, to speak with an attorney.
Intentional Misrepresentation Information Center
- What is Considered Intentional Misrepresentation?
- Grounds for an Intentional Misrepresentation Lawsuit
- Additional Resources
What is Considered Intentional Misrepresentation?
Intentional misrepresentation or fraudulent misrepresentation is a contract law action based on a civil tort law involving a statement of fact based on false pretenses or fraud made by a party to which has resulted in a monetary loss to another party. An action for intentional misrepresentation, though a subset of contract law, functions outside of contract breaches because the tort law is based on a fraudulent action and not a breach of contract. The statement of fact can be stated through writing, speech, false documents, gesturing, or a lack thereof.
An example of intentional or fraudulent misrepresentation can involve two parties in a real estate contract. A party can be a liable for fraudulent misrepresentation if they knowingly make false claims about an aspect of the property, which the purchasing party has come to believe or rely upon to their detriment. The purchasing party enters into the contract and only later finds out about the falsity of the element of the property. Though the false misrepresentation may not have been claimed inside the agreement, the party stated the statement of fact in pretenses to lure the purchasing party in bad faith. In such a scenario, the purchasing party may have grounds to file an action for false misrepresentation.
Grounds for an Intentional Misrepresentation Lawsuit
Fla. Std. Jury Instr. (Civ.) 409.7 states a determination made on a fraudulent misrepresentation claim is based on the following:
• Whether (defendant) [intentionally]* made a false statement concerning a material fact;
• Whether (defendant) knew the statement was false when [he] [she] [it] made it or made the statement knowing [he] [she] [it] did not know whether it was true or false;
• Whether in making the false statement, (defendant) intended that another would rely on the false statement;
• Whether (the claimant) relied on the false statement; and, if so,
• Whether (claimant) suffered [loss] [injury] [or] [damage] as a result.
[On this claim for fraudulent misrepresentation, the] ** (claimant) may rely on a false statement, even though its falsity could have been discovered if (the claimant) had made an investigation. However, (claimant) may not rely on a false statement if [he] [she] [it] knew it was false or its falsity was obvious to [him] [her] [it].
When filing an intentional misrepresentation lawsuit proving the knowledge of falsity can be difficult for the plaintiff. It is advisable to contact a contract law attorney to build a viable case in your favor. Secondly, it has to be shown that you, as the plaintiff, have incurred direct damages as a result of the misrepresentation. An action for intentional misrepresentation, deemed as “a legal or equitable action founded on fraud,” can be filed within four years (Fla. Stat. § 95.11(3)(j)).; the applicable statute of limitations.
If damages are found, recovery for an action can be awarded for losses incurred from the misrepresentation. Other damages can include punitive damages if the action results from fraud with a disregard for the rights or safety of others. A contract that was signed into effect through fraudulent misrepresentation can also become voidable and revert the parties in the contract to their non-binding positions existing before the contract came into place.
Florida Supreme Court | Civil Procedures – If you wish to learn more about the civil procedures and laws surrounding complex litigation claims, click on the page. The Florida Supreme Court is the highest state court in the state of Florida and provides a last resort for judiciary matters in the state.
Florida Senate | New Laws – The Florida senate provides updates surrounding new regulations for laws, including those involving complex litigation. Approved laws and proposed bills are available to read on this page. You can find the Florida constitution and its statutes on here as well.
Miami-Dade County Intentional Misrepresentation
Contracts based on intentional or fraudulent misrepresentation can be voidable. If the contract you have entered into was based upon you relying upon an intentional false statement stated by another party, and you have now suffered economic damages because of the misrepresentation, you may have the right to file a lawsuit for intentional misrepresentation.
Our attorneys at Abrams Justice have worked with plaintiffs on actions arising out of faulty business deals. If the other party had a gross disregard for your rights, you might be entitled to damages resulting from the misrepresentation during a lawsuit and exemplary damages. You do not have to abide by a contract if it was entered into based upon a fraud.
At Abrams Justice, we represent our clients aggressively and professionally and work relentlessly to seek a favorable outcome for our clients. We work with clients across Miami-Dade County, Broward County, Monroe County, and Palm Beach County. Call 305-709-0880 to get started with a free consultation.