Fraud in Florida Law
Fraud occurs when a party makes a knowingly false statement of material fact that another party relies upon to their detriment. Florida recognizes multiple forms of fraud, each with specific elements and remedies.
Elements of Fraud
- False statement of material fact (not opinion)
- Speaker knew it was false or acted recklessly
- Intent for the listener to rely on the statement
- Actual and justifiable reliance
- Resulting damages
Fraud in Real Estate
- Seller concealment: Hiding known defects
- Inflated appraisals: Overstating property value
- Mortgage fraud: False loan application information
- Title fraud: Forged deeds or fraudulent claims
- Agent misrepresentation: False property statements
Remedies
Rescission (voiding the transaction), compensatory damages, punitive damages in egregious cases, and attorney fees. Statute of limitations: 4 years from discovery.
Related Terms
- Contract — Fraud voids contracts
- Evidence of Title — Title fraud and forgery
- Equity — Equitable remedies for fraud
Barnes Walker Litigation
Barnes Walker's attorneys prosecute and defend fraud claims in Florida real estate and business disputes. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC