Are You A Victim Of Misrepresentation?

Misrepresentation is a common issue for consumers. This is an action that involves giving false information about the nature of a product or service to make a consumer enter into a contract.

While this is an occurrence that will go on year after year, it’s better to arm yourself with facts that will make you avoid relying on misrepresentation. Any misrepresentation advertising has consequences, it affects the public and the defendant is faced with liability.

Anything that induces a customer into entering a contract and contains untrue statements establishes misrepresentation.

If you have been subjected to misrepresentation, you may have a claim.

Tips To Avoid Misrepresentation

When agreeing to enter into a contract, it’s vital to understand what you are getting into. What kind of contact you agree to become part of and what will be provided in return,

There are many types of misrepresentations, these includes:

  • Innocent misrepresentation:The seller makes a representation with the belief that the statement is correct.
  • Negligence misrepresentation: The seller makes representation without reasonable grounds to believe that the statement is true.
  • Fraudulent misrepresentation: The seller makes a representation with the knowledge that it’s false.

Customers are fond of depending on information when making a purchase. When the purchase causes harm, that’s when they discover the truth after signing the contract. In such a circumstance, the seller may owe damages to the buyer due to misrepresentation.

Companies use adverting to make sales. Thankfully, federal and state laws have set some guidelines to follow on advertising to avoid deceiving consumers. Unfortunately, though there are laws, companies always come up with new ways to deceive consumers.

Due to the many types of misrepresentation, the best way would be to seek legal help to understand how to file your claim. There are two main ways to avoid misrepresentation:

  • Be keen on the contract clauses you are to sign. One example is the non-reliance statement that may exclude the defendant from liability.
  • Look for any statement that excludes liability. When signing any agreement, be keen on any information that may be meant to exclude the manufacturer or seller from liability.

Remedies Of Misrepresentation

If you have relied on false information meant to make a consumer purchase a product or a service after signing a contract, you’re a victim of misrepresentation, below are two remedies:

  • By rescission/revoking the contract: This is where you bring the contract to an end. When this happens, you must be reinstated back to your position before entering into the contract.
  • Getting damages:This is the money you have to receive to take you back to your position before signing the contract.

The law protects consumers from any misrepresentation. Therefore, it’s better to avoid signing contact than entering into one and suffering damages.

If you have been harmed by misrepresentation, it’s vital to look for an experienced lawyer to help you file a claim. As such, you can recover any money you paid for your products or services. The defendant will have to pay civil penalties for any false advertisement you relied on.


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