Both real estate fraud attorney and their potential clients must understand which elements are imperative in a lawsuit. If you have been a victim of fraud in Los Angeles or Southern California, you need experts who can help you uncover the full extent of your case and help you recover your losses and right the situation. The real estate fraud lawyer Los Angeles has been successful in fighting a number of cases and can help you with your lawsuit.
A potential lawyer must prove the following elements in a real estate fraud lawsuit.
A misrepresentation (indicating a false representation, concealment or non-disclosure)
Knowledge of falsity (falsity of the information)
Intent to defraud
Justifiable reliance
Resulting damage
A misrepresentation
One of the most common elements in a lawsuit is whether the client knew that other party was actually involved in concealing a material fact relating to the property or the transaction. If the client knew the information was misrepresented or already knew the actual lie (or misrepresentation), the client and the attorney will not be able to argue that the client reasonable relied on the misrepresentation.
Falsity of the information
The next element is falsity of the information or the knowledge of falsity. That is to say that the person allegedly committing the fraud must know that the information he or she is presenting is false.
Intent to Defraud
The most important element of real estate fraud requires that a victim show that the defendant had an intent to defraud or induce reliance. Often times, a case can be resolved simply because there is no satisfactory evidence to defraud. For the prosecution to succeed in obtaining a conviction, it must be proved that one intends to defraud the alleged victim. This element typically involves argument and a compelling story.
Justifiable Reliance
Misrepresentations do not fulfill the level of fraud if the victim hearing the misrepresentations does not rely on them. Therefore, the fourth element of a cause of action requires that the victim has justifiably relied on the misrepresentations and lies.
Resulting Damage
A fraud case will not work if the accused was lied to but was not damaged by those lies. A real estate fraud attorney Los Angeles must delve into whether the accused was damaged by misrepresentations or lies. While a person may commit fraud, it does not necessarily mean that the victim is injured by the fraud.
If you find yourself the victim of fraud in Los Angeles, you must consult an attorney who has successfully handled fraud cases before and can establish the required elements before a jury. A competent Los Angeles attorney knows how to assess a fraud case that can be defended and those that should be negotiated. The winning strategy is always decided with the correct legal path that is chosen by the attorney from the very beginning of the case.
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