Tennessee Complaint regarding Misrepresentations in Sales Contract
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FAQ
Register the complaint online at https://first.tn.gov/Complaints/UI/Defaulta.aspx (Important: The online consumer complaint form will time the user out, if the online submission is not completed within approximately 10 minutes.
The effect of an actionable misrepresentation is to make the contract voidable, giving the innocent party the right to rescind the contract and/or claim damages.
In a fraudulent misrepresentation, a party makes a false claim regarding a contract or transaction but knows it isn't true. For example, if a person is selling a car and knows there is a problem with the transmission, yet advertises it in perfect mechanical condition, they have committed fraudulent misrepresentation.
Call 1-800-778-4215 to receive a consumer complaint form. Fax a completed Consumer Complaint Form to 615-253-7794. Request a form via e-mail at tdfi.consumerresources@tn.gov. Mail a completed consumer complaint form to:
For a misrepresentation to be actionable, it has to fulfil three requirements: - there must be an untrue statement; - it must be a statement of fact, not mere opinion; - and it must have induced the innocent party to enter the contract.
A representation was made. The claim was false. The claim was known to be false. The plaintiff relied on the information. Made with the intention of influencing the plaintiff. The plaintiff suffered a material loss.
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.
There are three types of misrepresentationsinnocent misrepresentation, negligent misrepresentation, and fraudulent misrepresentationall of which have varying remedies.
Go to the Company Website: The Better Business Bureau. The Federal Trade Commission. Ripoff Report. spam@uce.gov. Yelp. Planetfeedback. Google Your Attorney General.
