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Questions Related to Misrepresentation Laws by Meghan Jones





Article Author Biography
Questions Related to Misrepresentation Laws by
Article Posted: 07/13/2013
Article Views: 76
Articles Written: 575
Word Count: 727
Article Votes: 0
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Questions Related to Misrepresentation Laws


 
Law
Misrepresentation refers to a false and untrue statement included in a contract by a party with an intention to induce the other party to enter the contract. These are mostly fraudulent ways in order make somebody liable for damages. For example, if person sales his car that has some serious mechanical issues claiming that the car is in proper condition, this could be termed as a case of misrepresentation. According to the provisions in the United States law, the victim of such fraud is entitled to receive compensation if the charge of misrepresentation is proved in the court of law. Under the U.S. contract law, it is categorized in to three different levels: innocent, negligent and fraudulent misrepresentation. Among these three, fraudulent misrepresentation is the most serious type as the person knowingly and purposefully misrepresents the facts and figures to trick the other party. This is a civil offense and can only be tried in a civil court. Each state has its own law regarding this topic. This article answers some of the most frequently asked questions on such illegal acts and laws associated with them.

I am 18 and I have been charged with misrepresenting my age to buy alcohol using a fake ID proof in New Hampshire? How serious crime is this?
With a charge like this, and if the same is charged against you as a violation, you might have to serve a jail time of up to one year and a fine of up to $1000. However, if it is charged as a misdemeanor, it could send you to jail for one year plus a fine up to $2000. The outcome totally depends upon the court. Once arraigned, you could plead not guilty and request the court to appoint a public defender for you if you can not afford to hire one. However, if you can afford to hire a one, it is advisable to retain the services of a criminal lawyer, who could possibly negotiate to get you a special type of probation. If the court grants you any such special probations including attending alcohol program and performing in a community service, you have to successfully finish them. This way, you could have your criminal charges removed from your records.

Is it legal if a person threatens me to take to the court after signing a settlement and mutual release agreement? He is threatening me as I have not paid him the rest of the money.
Such threats are considered as illegal in many states. You should be sure enough that you are free from any civil liability if the person has signed the settlement and mutual release agreement documents. You still have a chance as you have also put your own money in the investment as it would appear that you had faith in the investment and were not trying to misrepresent the validity of the investment and this might earn you some respite. You should consult with a criminal lawyer on this matter.

Is it illegal if a deputy misrepresents himself as a detective on an affidavit to obtain a search warrant?
This could be an odd situation but could not be an illegal move if a deputy misrepresents himself as a detective on an affidavit to obtain a search warrant. Regardless of their ranks, police officers in general would be in their legal rights while requesting for a search warrant. However, this could be termed as an illegal act if it is proved that the deputy had an ulterior personal motive behind obtaining the search warrant.

I have lost money in a bad deal as I had bought a RV which has many problems. The owner of the RV sold it to me claiming that the same was in fine condition?
You have to sue the person who sold you the RV in the state where the deal happened. Usually, it is your responsibility to determine whether the product is in good shape especially when you are planning buy something which is used. If your attorney can prove that the other party misrepresented the facts about the condition of the RV, you might get a compensation as per the law.

Misrepresentation can lead to financial loss. If you feel that you have been a victim of such acts, you should always ask a criminal lawyer.

Related Articles - Misrepresentation act, what is misrepresentation, misrepresentations, misrepresentation law, penalty for misrepresentation,

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