Florida Misrepresentation Defined
Florida misrepresentation occurs when a party makes a false statement of fact to you with the intent that you rely upon the falsity to act. Normally the intent is to have you part with money, property or somehow change your position when you ordinarily would not but for the false statement. The false statement of fact must be a current fact or condition, not a promise to perform in the future. As an example, it is misrepresentation to state that a used car for sale online is red when in fact you discover the same is black. However, it is not misrepresentation to promise to paint the black car red for you in the future and then not to do the same. The later example is a breach of contract and not fraud claim as it involves a future promise to perform that was breached. The first example is fraud as it involves a false statement of fact involving the present condition of the car.
Misrepresentation claims are very fact specific and depend on the statements (oral or written) that were made. Misrepresentation claims can involve cases for the sale of goods or property or the provision of services. Misrepresentation normally occurs during the negotiation phase for the sale of goods (autos, boats, real estate) or the provision for services (brokers, contractors, mechanics). The false statement of fact usually involves a misstatement about the quality of the good (condition or specifications for an auto, boat, diamond, or real estate); title or ownership of the good (not owned by the seller of the good); the qualifications of the service provider (licensed or qualified to be a broker, contractor, or mechanic); or the necessity for the service to be rendered (the repairs are not needed).
Florida Misrepresentation Help and Benefits
Russell Law and Patrick Russell, Esq., a Miami Fraud lawyer, can help you with your Florida misrepresentation case. Generally, misrepresentation cases are difficult and must be acted upon immediately. Misrepresentation is a form of dishonesty and generally these type of individuals tend to flee quickly. In some instances, persons engaging in misrepresentation have done so many times in the past and have been planning their schemes for a while. As such, it is imperative that you contact a Florida fraud lawyer as soon as possible if you feel that you have been scammed. Patrick Russell, Esq. will sit down with you to go over the details of your case and to organize a strategy for your recovery. Should the circumstances warrant it, we will proceed to either contact the party that made the misrepresentation to voluntarily make the situation right or proceed directly with a lawsuit to protect your legal rights.