Statute of Frauds as a Weapon

By
Real Estate Broker/Owner with Centum Real Estate Group Lic #10401249650

I encourage all Real Estate Brokers to read this article and also to reference this article, but THE ARTICLE SHOULD NOT BE RELIED ON AS LEGAL ADVICE AS I AM NOT AN ATTORNEY.  IF YOU ARE READING THIS AND ARE AN ATTORNEY I ENCOURAGE YOU NOT TO RELY ON THIS BLOG AS THIS IS FOR EDUCATIONAL PURPOSES AND SHOULD NOT BE CONSIDERED AS LEGAL ADVICE.

THE UNAUTHORIZED PRACTICE OF LAW IS CRIMINAL IN MANY STATES!

It is very interesting how many people look to use the Statute of Frauds as a weapon and then a shield when convenient for them.

When you make two (2) arguments that state the opposite, only one (1) can be true and therefore the other is a lie

You must be careful when you put both feet in your mouth as you then have NO legs to stand on

This article is about how Fraud is a TORT and one committing FRAUD is a tortfeasor. 

A tortfeasor is a person or entity who commits a tort. Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal remedy for harm caused. Tort law is law created through judges (common law) and by legislatures (statutory law). The primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms, sometimes referred to as tortious conduct. A successful plaintiff may recover loss of earnings capacity, pain and suffering, reasonable medical expenses, present and future expected losses, and other monetary relief for foreseeable harm suffered by the wrongful act.

Some of the types of torts include trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. Torts fall into three general categories: intentional torts, negligent torts, and strict liability torts.

Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Some intentional torts may also be crimes, such as assault, battery, wrongful death, fraud, conversion, and trespass on property and form the basis for a lawsuit for damages by the injured party.

Negligent torts occur when the defendant's failure to use reasonable care cause harm.

Strict liability wrongs do not depend on the exercise of care by the defendant, but are established when a particular action causes damage.

Fraud. A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury

Laws against fraud vary from state to state, and can be criminal or civil in nature. Criminal fraud requires criminal intent on the part of the perpetrator, and is punishable by fines or imprisonment.

Civil fraud, on the other hand, applies more broadly to circumstances where bad-faith is usually involved, and where the penalties are meant to punish the perpetrator and put the victim back in the same position before the fraud took place.

While the exact wording of fraud charges varies among state and federal laws. the essential elements needed to prove a fraud claim in general include: (1) a misrepresentation of a material fact; (2) by a person or entity who knows or believes it to be false; (3) to a person or entity who justifiably relies on the misrepresentation; and (4) actual injury or loss resulting from his or her reliance.

 For a number of reasons, the field of law is filled with jargon that can often seem complex or confusing to people who don't deal with it on a regular basis. Or you work in a lawfirm but dont get involved in the specifics of cases to fully understand.  This is often because specific words and phrases carry legal weight that their synonyms might not

 

A great case below with citations

 

Harris v. Perl, 197 A. 2d 359 - NJ: Supreme Court 1964

 

—in the following language: "[O] ne who unjustifiably interferes with the contract of another is guilty of a wrong. And since men usually honor their promises no matter what flaws a lawyer can find, the offender should not be heard to say the contract he meddled with could not have been enforced."

- in Golden v. Anderson, 1967 and 14 similar citations
 
Not only does New Jersey law protect a party's interest in a contract already made, "[t] he law protects also a [person's] interest in reasonable expectations of economic advantage."
- in Printing Mart v. Sharp Electronics, 1989 and 8 similar citations
 
"The economic facts and the expectations of fair men with respect to real estate brokerage are clear enough. The role of the broker is to bring buyer and seller together at terms agreeable to both, and both know the broker expects to earn a commission from the seller if he succeeds."
 
"[I] f the purchaser beats the broker out of his commission by buying from the owner directly or through a front, thus appropriating to himself the value of the services of the broker, he should pay for that mischief."
- in Harper-Lawrence v. United Merchants, 1993 and 7 similar citations
 
the buyers were found guilty of tortious conduct toward a broker resulting in the pecuniary advantage to them of reduction in the price corresponding to the amount of the commission.
- in Buckaloo v. Johnson, 1975 and 5 similar citations
 
Centum Real Estate Group uses the below law firm in our legal matters and is very familiar with the above should you have any legal questions.
 
The Mueller Law Firm
Michael Todd Mueller, Esq.
299 Broadway, Suite 1605
New York, New York  10007
646-559-6735 (office)
646-430-8432 (facsimile)

michael@muelleresq.com

close

This entry hasn't been re-blogged:

Re-Blogged By Re-Blogged At
Topic:
Real Estate Industry
Tags:
commissions
fraud
real estate brokers
statute of frauds
tortfeasor

Post a Comment
Spam prevention
Spam prevention
Post a Comment
Spam prevention

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?

Rainer
13,995

Otis Duffy

Otis Duffy Centum Broker of Record NY & NJ
Want to sell your commercial asset for the highest price?
*
*
*
*
Spam prevention