Actual Fraud in Florida Law
Actual fraud is the intentional deception of another person through a false statement of material fact, made with knowledge of its falsity and with the intent to induce reliance, resulting in damages to the deceived party. In Florida, actual fraud is both a civil tort and, in some cases, a criminal offense.
Elements of Fraud
Florida courts require the plaintiff to prove five elements by clear and convincing evidence: a false statement concerning a material fact, the defendant's knowledge of the falsity, intent to induce the plaintiff to act in reliance, the plaintiff's justifiable reliance on the statement, and resulting damage. The heightened evidentiary standard (clear and convincing rather than preponderance) reflects the seriousness of fraud allegations.
Remedies
A successful Florida fraud plaintiff may recover compensatory damages, rescission of the transaction, and potentially punitive damages under Florida Statute Section 768.72. In real estate transactions, fraud claims commonly arise from concealed property defects, misrepresented boundary lines, undisclosed encumbrances, and false statements about income-producing capacity.
Related Terms
Barnes Walker Litigation
Barnes Walker prosecutes and defends fraud claims in Florida real estate, business, and commercial transactions. Contact our litigation team for a case evaluation.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC