What Is Deceit?
Real estate transactions present opportunities for deceit. Deceit, insofar as the area of tort law is concerned, is usually defined by state law. The law varies from one state to another, so the law of the relevant jurisdiction should be consulted for further details. Generally speaking, however, a plaintiff must establish the following elements in order to prevail in an action based upon a theory of deceit: • that there was a misrepresentation of a material fact; • that the misrepresentation was made to induce action; and • that there was reasonable reliance on the false statement to the detriment of the relying party. Remedies In the event a plaintiff prevails in an action for deceit against a defendant, numerous remedies may be available, including money damages. Here again, state law should be consulted for further details.
