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