Aug 032012

Professionals in Pennsylvania can be sued for various kinds of negligence and other wrongful acts. Common claims include professional negligence or acts which deviated from the applicable standard of care. Other claims include breach of contract, fraud, and misrepresentation. Real estate agents, contractors, brokers, bank/loan officers, and financial advisors are just some of the kinds of professionals who are commonly sued for misrepresentation.

The Three Kinds of Misrepresentation Claims in Pennsylvania

Under Pennsylvania law, there are three kinds of claims which can be made for misrepresentation:

  • intentional misrepresentation,
  • negligent misrepresentation, and
  • innocent misrepresentation.

In order to succeed with an intentional misrepresentation claim, the aggrieved party must prove the following elements:

1. a material representation
2. either knowingly made falsely or with recklessness as to its truth or falsity,
3. with intent to mislead,
4. there was justifiable reliance on the representation, and
5. the injury/damages resulted from reliance on the representation.

The elements of negligent misrepresentation are:

1. a material representation,
2. made where the speaker should have known of its falsity,
3, with intent to induce another to act, and
4. there was justifiable reliance on the representation, and
5. the injury/damages resulted from reliance on the representation.

A claim of innocent misrepresentation may also be made. However, the result is not a monetary award, but recission of the contract. For example, a real estate transaction may be rescinded based on an innocent representation as to a termite infestation.

More Pennsylvania Professional Liability Articles:

For more information, contact a Pennsylvania professional liability lawyer.

The lawyers at Schwartz & Blackman handle professional liability matters in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case.  See the full disclaimer at the bottom of this page.

Published: August 2, 2012

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