Washington Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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FAQ
Unlike a fraudulent misrepresentation, which requires that the person making the representation know it is false or incorrect and intend to deceive or mislead, a negligent misrepresentation merely requires that one fail to exercise reasonable care or competence to obtain or communicate information that is true or ...
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.
You Have a Limited Time to Sue for Emotional Distress Every state, including Washington State, limits the time you have to file a personal injury lawsuit. ing to RCW § 4.16. 080, you must file your personal injury lawsuit within three years or forever lose the right to seek compensation for your losses.
An example of negligent misrepresentation would be a seller of a rental property in which the seller has never lived or spent any time, yet tells a buyer, ?the roof on this home doesn't leak,? when in actuality, the roof does leak. Not having lived there, the seller doesn't know the roof leaks.
Negligent Misrepresentation This can result when a seller is not forthcoming on negative aspects of the property, such as termite damage or a disguised sinkhole.
Such contracts are agreements to pay money upon the occurrence of a specified event. Mental distress damages do not flow from the breach of such contracts. They are not ?personal.?
For negligent infliction of emotional distress, a plaintiff must prove he has suffered emotional distress by ?objective symptomatology,? and the ?emotional distress must be susceptible to medical diagnosis and proved through medical evidence.? Hegel v. McMahon, 136 Wash. 2d 122, 135, 960 P. 2d 424 (1998).
[9] The motion judge also identified the correct legal test for negligent misrepresentation, which requires a plaintiff to show that (1) there is a ?special relationship? between the person making the statement and the person hearing it; (2) it is reasonable for the person hearing the statement to rely on it; (3) the ...