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In any contract, both sides must understand and trust each other. But if one side lies or tricks the other into the contract and causes harm, the damaged party can sue for fraudulent misrepresentation.
You can still face a real estate lawsuit for innocent misrepresentation ? as well as negligent misrepresentation. Examples of negligent or innocent misrepresentation include providing inaccurate square footage ? by using information populated by MLS or in some cases not verifying information from the seller.
Innocent misrepresentation: a representation that is neither fraudulent nor negligent. The remedies for misrepresentation are rescission and/or damages. For fraudulent and negligent misrepresentation, the claimant may claim rescission and damages.
Negligent misrepresentation arises when an individual unintentionally presents a false fact that induces the other party into entering into a contract.
Contract damages - if the statement is decided to have been a term of the contract, the person claiming misrepresentation may also have the right to claim damages for the loss suffered by what is effectively a breach of contract.
STANDARD OF PROOF Usually, negligent misrepresentation must be proved by a preponderance of the evidence, as with other negligence-based claims. Court Opinions.
Damages are usually awarded to an injured party for losses suffered as a result of the defaulting party's actions or non-actions. The purpose of an award of damages for breach of contract is to put the injured party in the position it would have been in had the contract been performed.
If one party misrepresents specific facts, statistics, features, or benefits, they may be liable for breach of contract and/or action in tort. This is known as misrepresentation and in this article, we'll explain everything you need to know about this area of contract law.