According to Judge Pauley, proof
of negligent misrepresentation requires a material false statement on which a party reasonably relies to its detriment, and the existence of a duty «as a result of a special relationship» to give correct information.
In short, held the court, the
count of negligent misrepresentation against Broker could move forward, as Client's reliance on Broker's prior experience advising on that kind of transaction was reasonable.
If ever you feel that you have been victimized by a commissioned sales person, be it a Realtor, a Mortgage Broker / salesperson, or a fee - for - services person like an Appraiser, a new - age real estate «fee - for - service» advisor, or even by a lawyer, under the legally defined
terms of Negligent Misrepresentation, or as in Crazy Guy's case, «Fraudulent Misrepresentation», stand firm if you are morally outraged by these bullying tactics, and fight the good fight.
Sharing MLS data that contains errors with a buyer client doesn't make you
guilty of negligent misrepresentation, even if the buyer relied on that erroneous information in making a purchase.
Thus, Kortright made out a claim
of negligent misrepresentation, and its lawsuit was allowed to proceed on that ground.
Two inherent risks that employers face in providing post-employment letters of reference are (1) a former employer advancing a claim of defamation (where the employer provided a negative reference), and (2) a subsequent employer advancing a claim
of negligent misrepresentation (where an inaccurate or incomplete reference was provided).
The Buyer brought a lawsuit against the Sellers, and the trial court ruled that the Sellers were guilty
of negligent misrepresentation and also ruled that the Buyer had suffered $ 25,000 in damages.