1. What might be the questions that i might use to lead her into the corner of admitting that she in fact did not know something to be true and made the statmeen reckloessly? I understand that that would still be classified as fraudulent, correct?
It's not a simple matter to develop, but here are some general questions that you would want to use:
You are paid a commission upon the succesful rental of this property correct?
You would agree then that you have an interest in making sure that the property is rented to the tenant that you submit an application for, correct?
And when you were paid a commission in this case, werent you?
You are under an obligation to make sure that the tenant is financially qualified to rent, aren't you.
And you would agree that this obligation requires due diligence on your part.
And certainly, you would agree that this involves more than merely taking the applying tenant's word for it based on what they write in their application, don't you?
In any case, the tenant can simply write down false information, and if you don't do any due diligence, then you are simply relying on the false information, correct?
And this would not be living up to your obligation would it?
Tell me everything you did to check the financial qualifications of the applicant tenants?
A simple check of publically available documents shows that the tenant has a criminal history. Why did you fail to find that?
Why didn't you take the time to find it?
I'm going to show you some documents (hand the documents you talk about above). I want you to tell me what each of these documents are.
After she does that...You did not take the time to look up any of this information on the tenants did you.
In fact, you represented to me that these were excellent tenants, did you not?
You told me that because you were only interest in earning a quick commission, isn't that true?
How could it not be true, when you didn't do any due diligence and made the representation that they were excellent tenants, correct?
A quick investigation on your part would have shown you that this wasn't true, correct?
But, you didn't do that did you? (If she did, then you have her on fraud because she did not tell you).
2. If you were the judge how would you challenge that argument taht proves that had she done any reasonable simple check she would ahve disovered what i have?
You've got to remember that the judge is not going to challenge anything you submit. That's not how the court works. It is the duty of your opponent (not the judge) to raise objections. The second thing you need to remember is that the challenge will not be on your pleading/complaint. You are only under a requirement to provide enough details in your complaint so that the other side knows what you are claiming. You do not have to list the details you are stating above. This will not be needed until the summary judgment process starts (if a motion is filed by the defense). Then you will need to submit an affidavit
and the documents you have referenced above to show the judge that you have facts which support your claim and on which a jury could decide in your favor.