It’s a common fact of everyday life that people will be exposed to sales pitches, jingles and advertisements, all designed to make Louisiana residents open their wallets, sign a contract, or fill an online shopping cart. Sometimes what we purchase is not what we expected and we feel ripped off, even tricked. It is important to establish key facts to determine if your purchase was the result of deception.
According to Findlaw, the party that offered the product or service you purchased had to have made a false representation about what the product or service could do for you. An expensive ring, for instance, might be made of crystal, but the seller claimed it was actually made of diamond. The result is that you have been defrauded of your money for a ring that is not what you believed it was.
Be aware that a seller or contractor did not have to knowingly make a false statement. The misrepresentative statement could have been presented with reckless disregard as to its content. The seller in question should have taken appropriate steps to determine the authenticity of its products and represent them accurately to the public. A failure to do so can land the seller in legal trouble.
Another key ingredient of fraudulent misrepresentation is that you used the information presented by the seller to make the decision to purchase. The seller should have offered the information on the good or service with the belief that you would rely on that information when deciding whether to agree on the sale. If the result of your purchase resulted in damages to you, a case can be made for fraudulent misrepresentation of what you purchased.
However, you should be aware that not all forms of misrepresentation constitute an act of fraud. Sometimes misrepresentation does not have any impact on the terms of your sales agreement, which would not constitute a liable offense. There are also some offenses that, while not constituting misrepresentation, could fall under other legal actions such as a breach of contract or a breach of warranty. You may need to consult with an attorney to learn the true nature of your legal issue with your seller or contractor.
Keep in mind that this article is written only to educate the reader and does not offer any legal advice.