Fraud and Negligent Misrepresentation

Misrepresentation occurs when someone makes a false statement that someone relies on to their detriment.  Misrepresentation can be intentional or negligent.  In other words, it can include flat-out lies and facts that the speaker simply did not verify before speaking.

Fraud is a form of intentional misrepresentation. Fraud is:

• False representation of fact,
• By another,
• With knowledge that the representation was false,
• With intent to induce the plaintiff to act upon the representation,
• And the plaintiff indeed acted, incurring damages as a result.

If you are the victim of fraud or misrepresentation, or are accused of the same, you need an experienced attorney on your side that knows how to handle the often-delicate situation.   Call the Davis Law Firm with your fraud or misrepresentation issue today.

In one example of misrepresentation, our client purchased a used car with what she thought was a 7-year warranty.  The salesperson indicated that the warranty was for 7 years and that our client would be wise to purchase it.  The warranty cost over $1,200, which was about 10% of the vehicle’s price.  Six months later, our client went to have the car serviced and incurred a bill because the warranty had expired.  You see, the car that was purchased was a 2005 model and the salesperson failed to inform our client that the 7-year warranty was from the date the car was manufactured, insinuating that it was 7 years from the date of purchase.  This was a misrepresentation and when contacted by the Davis Law Firm, the dealer quickly refunded our client the cost of the warranty.