Hawaii Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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FAQ
You can still face a real estate lawsuit for innocent misrepresentation ? as well as negligent misrepresentation. Examples of negligent or innocent misrepresentation include providing inaccurate square footage ? by using information populated by MLS or in some cases not verifying information from the seller.
Yes, you can sue for emotional distress in Hawaii.
Contrary to popular belief, misrepresentation does not just mean deliberate lies?it can also include accidental omissions or reckless statements without certainty of the facts. Misrepresentation can void a contract and in some cases allow the misled party to seek damages.
A misrepresentation is an untrue statement made by one party which induces another party to enter into a contract, which later causes the second party to suffer a loss. There are therefore essentially three elements to a misrepresentation: an untruth, inducement, and loss.
The elements of a claim for negligent misrepresentations consist of (a) a misrepresentation of a past or existing material fact, (b) without reasonable grounds for believing it to be true, (c) with intent to induce another's reliance on the fact misrepresented, (d) ignorance of the truth and justifiable reliance ...
(1) The defendant made a false representation of a past or existing material fact susceptible of knowledge. (2) The defendant did so knowing the representation was false, or without knowing whether it was true or false. (3) The defendant intended to induce the plaintiff to act in reliance on that representation.
Unlike a fraudulent misrepresentation, which requires that the person making the representation know it is false or incorrect and intend to deceive or mislead, a negligent misrepresentation merely requires that one fail to exercise reasonable care or competence to obtain or communicate information that is true or ...
(1) there must be a duty of care based on a ?special relationship? between the representor and representee; (2) the representation must be untrue, inaccurate or misleading; (3) the representor must have acted negligently in making the representation; (4) the representee must have relied, in a reasonable manner, on the ...