I see you have a few other questions opened.
It appears from those questions that you are in the process of writing your complaint. If so, then you need to only make an allegation that the fraudulent misrepresentation was done with intent to satisfy the pleading rules at this point.
Proving intent is often the most difficult part of a fraudulent misrepresentation case. This is why you would also want to plead "negligent misrepresentation" as a claim in your complaint. Under New Jersey law, a cause of action
for negligent misrepresentation may exist when a party negligently provides false information. To prevail on a negligent misrepresentation claim, a plaintiff must prove
that the defendant negligently made an incorrect statement, upon which the plaintiff justifiably relied. You do not have to prove intent, you only have to prove that they had a duty to provide you with the correct information.
In New Jersey, the five elements of common law fraud are "(1) a material misrepresentation of a presently existing or past fact; (2) knowledge or belief by the defendant of its falsity; (3) an intention that the other person rely on it; (4) reasonable reliance thereon by the other person; and (5) resulting damages." See, e.g., Panella v. O'Brien, No. 05-1790, 2006 U.S. Dist. LEXIS 59880, 2006 WL(NNN) NNN-NNNN *8 (D.N.J. Aug. 24, 2006).
An intent for you to rely on the information is proved when you show that the knowingly sent you false information. In your case, you are alleging that they should have checked to see the tenant's criminal background.
So, what you need to show proof of intent is a representation in writing or a verbal representation that they did in fact check the tenant's criminal background and provided that written representation to you for you to rely upon. Then you will need to show that they never actually performed the check. You will need to request all the documents in their possession, custody and control (1) showing that they did in fact ask for a criminal background report, and (2) showing the actual criminal background report they obtained, if in fact they did so.
If they did get the report, but then failed to inform you that there was a criminal history that would disqualify the tenant, then you would need to show through cross examination that the reason they did not inform you of this is because they wanted to make sure to get a commission. If you can only show that they made a mistake by not telling you, then you have negligent misrepresentation as opposed to fraudulent misrepresentation.
If they did not get the report, then all you have to show is that they made the representation to you that the tenant had no criminal history that would disqualify them.
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