Tampa Bay Area Fraud and Misrepresentation Attorney

When engaged in a business transaction or entering a contract, parties must be forthcoming and careful not to misrepresent themselves to each other. When one party’s misrepresentation causes damage to the other, it can constitute a case of fraud. Florida law recognizes fraud or misrepresentation, whether it’s intentional or not. In other words, a victim of misrepresentation may not need to prove that the other party was intentional in lying to them.

If you have suffered a loss due to the fraudulent or negligent misrepresentation of another party, reach out to us at The Boudreau Firm. We can help you find the best legal strategy, to obtain a just resolution of your case, whether in negotiation or litigation. Our lead attorney, Tamera Boudreau, has been obtaining high-value results for over two decades, including million-dollar settlements for her clients. Call The Boudreau Firm at 727-390-7614 today.

Elements of Intentional and Unintentional Misrepresentation

There are two types of unlawful misrepresentation under Florida law: fraudulent misrepresentation and negligent misrepresentation.

Fraudulent misrepresentation is what we commonly know as fraud. It has these elements:

  • One party (defendant) made a false statement regarding a material fact or an omission of a material fact. 
  • The defendant knew or should have known that their representation was false.
  • The defendant intended for the representation to induce the other party (plaintiff) to act on it.
  • The plaintiff suffered damages after acting based on the false representation.

Note that one of the elements of fraud is intent. Meanwhile, the other type of misrepresentation is negligent representation, which does not require intent but involves carelessness in making statements. These are the elements of negligent misrepresentation:

  • One party (defendant) made a statement of fact while trying to induce the other party (plaintiff) to enter a transaction or contract.
  • The statement was false, and the defendant did not exercise reasonable care in acquiring or communicating the information.
  • The plaintiff relied on this false statement when entering into the transaction or contract.
  • The plaintiff suffered damages due to this misrepresentation.

Damages caused by negligent misrepresentation are also compensable. Consult with your attorney at The Boudreau Firm for an experienced assessment of your case.

Fraud and Misrepresentation Cases We Handle

Contract Fraud

A contractual agreement relies on both parties being honest and factual in presenting themselves, as this is the foundation of each party’s informed decision. When one camp intentionally misrepresents itself without the other’s knowledge, it can sway the other’s negotiation of contract terms and their decision to sign the agreement. This is called fraudulent inducement.

A fraudulent inducement claim is separate from a breach of contract claim. If you have signed a contract and found out later that the other party was not truthful with you while negotiating the agreement, this is not a breach of contract but a case of fraudulent inducement. Talk to us at The Boudreau Firm to see how you can obtain compensation in a contract fraud case.

Real Estate Fraud/Misrepresentation

From negligent misinformation to outright scams, many types of fraud or misrepresentation occur in real estate dealings. Some common cases are:

  • Withholding material information to further a property sale
  • False information about the property (e.g., defects, square footage, property line, etc.)
  • Appraisal fraud
  • Foreclosure rescue/foreclosure bailout schemes
  • Home equity fraud
  • Home renovation fraud/Home repair scam
  • Rental fraud
  • Timeshare fraud.

Property misrepresentation cases are especially difficult for victims because their homes or business places are often on the line. In a successful fraud claim, the claimant can receive much-needed compensation for damages such as loss in value of property, lost profits, closing costs, costs of repairing or replacing a defect, emotional distress, and more.

Entrust your real estate fraud claim to a reliable attorney with a proven track record in recovering in high damage cases. You can find a fraud and misrepresentation lawyer at The Boudreau Firm.

Florida Business Fraud/Misrepresentation

Business fraud can occur between companies and their customers or between two or more companies. At The Boudreau Firm, we represent individuals, businesses, and organizations who have been victimized by fraudulent entities. For each client, we apply a personalized strategy to help the victim obtain compensation, and when suitable, to have the perpetrator face criminal prosecution.

Some common types of business fraud are:

  • Investment fraud (Ponzi schemes, pyramid schemes, etc.)
  • Insurance fraud
  • Auto dealer fraud
  • Civil theft claim (a civil case to monetarily recover stolen property, separate from a criminal theft case)
  • Payment processing fraud
  • Embezzlement
  • Securities law violations
  • Dishonest conduct in the sale of homes and properties 
  • Unfair pricing
  • False advertising/Misleading advertising
  • Business scams.

At The Boudreau Firm, we handle commercial fraud cases of all sizes but consistently dedicate our experience and resources to each case, no matter the size. Consult with us about your potential business fraud claim.

Contact a St. Petersburg & Tampa Business Lawyer Today

Contact The Boudreau Firm, an experienced firm handling fraud and misrepresentation claims. We are based in Saint Petersburg, Florida, and serve Tampa, Clearwater, Pinellas County, Hillsborough County, Manatee County, Sarasota County, and beyond. Call The Boudreau Firm at 727-390-7614 today to schedule a consultation.

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