Here’s how to file a New York fraud claim.

If somehow lied to you in order to trick you into an agreement you may have a strong New York fraud claim or misrepresentation claim. 

These types of claims fall under contract law. Fraudulent misrepresentations can be made through a variety of ways. It can be spoken, written, gestured or even done through silence.

What are the elements of fraud that must be present in order to file a successful claim in New York?

1.      There must be a misrepresentation made.
2.      The party given the misrepresentation must have relied on that information and acted upon it by signing a contract.
3.      The misrepresentation must have caused the party harm or damages.

The misrepresentation must not be an opinion or a prediction. Most sales representatives pitches often fall into the opinion category and are therefore not considered fraud. However, if a sales representative makes a false or deceitful claim about the safety of a product, the company may be liable for fraudulent misrepresentation if the party suffers damages as a result of the product.

The case may be an intentional tort case if the party selling the product or service knew what they saying was false or misleading. Or that they didn’t know what they were saying to be true, but said it anyways, recklessly, in order to make a sale or to induce the other party to act a certain way.

What to do if a party is a victim of fraudulent misrepresentation?

1.      Void the contract.
2.      Return anything that was a result of the contract and cease benefiting in any way from the contract.
3.      Consult with an attorney.
4.      File a lawsuit and sue for damages.

Typically, a victim can only sue for compensation to cover losses or injuries, however, if the defendant’s acted extremely recklessly, the court may also award punitive damages which are meant to punish the defendant.

For more information about filing a New York fraud claim, send us a message.