Fraudulent misrepresentation has been characterized as an intentional tort. To be actionable, a misrepresentation must be one of fact. Additionally, a fraudulent misrepresentation claim is generally actionable only as to statements of past or existing facts. The general rule of law is that a false representation to constitute fraud must relate to some material past or existing fact. In Florida, relief for a fraudulent misrepresentation may only be granted if the plaintiff proves the following elements:

• A false statement concerning a material fact;
  
  

  The representor's knowledge that the representation is false;

  An intention that the representation induces another's reliance; and

  Consequent injury by the other party acting in reliance on the representation.

  An essential element in any fraudulent misrepresentation action is competent, substantial evidence that the defendant made a false statement concerning a material fact. Therefore, the defendant's intentional misconduct is a necessary element of a fraudulent misrepresentation claim.

  Accordingly, a claim for negligent misrepresentation requires essentially the same elements as those for fraudulent misrepresentation, with the exception of knowledge of the falsity of the representation; the plaintiff need only prove that the representor reasonably should have known of the statement's falsity. The core of a cause of action for negligent representation is a false representation of fact. Therefore, to prevail on a negligent misrepresentation claim, the plaintiff should hire only an experienced West Palm Beach fraud attorney to prove that:

  The defendant made a false statement concerning a material fact;

  In the exercise of reasonable care under the circumstances, the defendant was negligent in making the statement because it should have known the statement was false;

  The defendant intended that the plaintiff would rely on the false statement;

  The plaintiff reasonably and justifiably relied on the false statement; and

  The plaintiff suffered damages as a result.

  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 claim for fraudulent misrepresentation or negligent misrepresentation call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.