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Dimitry K., Esq.
Dimitry K., Esq., Doctoral Degree
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Experience:  JD/MBA, Business Attorney
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Explain the difference between fraud and misrepresentation.

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Explain the difference between fraud and misrepresentation. Give an example of each.
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The difference is generally based on knowledge. Misrepresentation is generally an innocent or unknown statement that happens to be false, or a nondisclosure. For example not disclosing that a vehicle was not serviced regularly at a dealership is likely to be considered simple misrepresentation especially if the seller was unaware the information was somehow relevant. Fraud, on the other hand, is intentional misstatements of fact that by its omission create a false misstatement of fact. Using the car example above, failing to disclose that vehicle was in a serious accident and sustained frame damage when that information was known would be considered fraud or a fraudulent misrepresentation of fact.

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