A cause of action for fraud or deceit is based on a misrepresentation. The requirement of a false statement for actionable fraud includes material misrepresentations or omissions of fact. However, not every false representation constitutes fraud on which a claim for relief can be based. To establish a remediable tort for fraud, a West Palm Beach fraud lawyer must prove that the damage resulted proximately from the fraud. In other words, the plaintiff must assert that "but for" the misrepresentation or nondisclosure of the defendant, the party would not have entered into the transaction. Thus, if a plaintiff claims to have been misled, but cannot demonstrate a causal connection between the defendant's conduct and the plaintiff's misapprehension, then the plaintiff cannot recover damages.

Under Florida law, to state a cause of action for fraudulent misrepresentation:

• A misrepresentation of a material fact;
  
  

  The person making the statement knew it was false;

  The misrepresentation was made with the purpose of inducing another person to rely upon it;

  The person relied on the misrepresentation to his detriment; and

  The plaintiff's reliance on the misrepresentation caused damages.

  The issue in a fraud case is not whether the party charged with a misrepresentation misstated its motivation, but whether the party in fact made a false representation.

  A cause of action for fraud can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach fraud lawyer. If you believe you have a legitimate claim for fraud call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.