Fraud & Misrepresentation
Houston Fraud and Misrepresentation Lawyer
An experienced fraud and misrepresentation lawyer knows that few things can be as devastating to a business as an undermined transaction or contractual relationship. If a company or individual has cheated you out of funds or services that were rightfully yours, an experienced fraud and misrepresentation lawyer to help you recover the maximum compensation possible.
Mithoff Law’s trial-ready approach has helped us pursue billions lost to fraud and misrepresentation. With decades of commercial litigation experience across a number of industries, the fraud and misrepresentation attorneys at Mithoff Law possess the knowledge and trial-tested strategies necessary to help you protect your business obtain justice in complex fraud cases.
If you believe your business has been damaged by fraud or misrepresentation, you need a fraud and misrepresentation lawyer, and fast: Call Mithoff Law today at 713-654-1122 to get your case off to the right start.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What is the difference between fraud and misrepresentation?
If your business is involved in a dispute involving fraud or misrepresentation, the first thing you need to do is work with your lawyer to determine the extent of the damage, and what kind of options you may have when it comes to building a case. And one important distinction you and your lawyer will need to make is whether your case involves fraud, misrepresentation, or both.
Misrepresentation refers to a broader group of three offenses that includes fraud. All instances of fraud involve misrepresentation, but not all acts of misrepresentation are fraud.
What are the 3 types of misrepresentation?
Negligent misrepresentation
In some instances, one party hoping to persuade another party to enter into a contract may make an untrue statement recklessly and without knowledge of its truth during the negotiation process. The statement can be made without fully intending to lie or harm the other party. For example, the negligent party may insinuate that their partner is familiar with South American energy markets when asked, despite having never actually checked to ensure this fact was accurate. Although not intending to lie, the negligent party misrepresented their partner’s capabilities and potentially undermined the value of the contract. People with valid claims of negligent misrepresentation can pursue both damages and cancellation of the contract.
Innocent misrepresentation
Sometimes, one party can make a claim that they genuinely believe to be true that later turns out to be false, usually because they were also lied to and relayed dishonest information to a potential client or business partner. Returning to our previous example, if, during contract negotiation, you asked a representative of the other party whether or not their company has knowledge of South American energy markets, and they said yes because their partner had lied to them about their experience, you could be a victim of innocent misrepresentation. If victims of innocent misrepresentation can prove that this dishonesty contributed to a loss, they can pursue damages but not recission of the contract.
Fraudulent misrepresentation
Fraud is the most severe form of misrepresentation and occurs when a party knowingly makes a false statement or engages in dishonest conduct with full intent to harm and/or deceive the other party. Returning to our previous example, the dishonest party would be committing fraud if they told you their partner had knowledge of South American energy markets knowing full well that wasn’t the case, despite the fact that the effectiveness of your partnership was contingent on the alleged knowledge. Victims of fraud can sue for damages and to exit the fraudulent contract.
Unlike negligent or innocent misrepresentation, fraud can involve several acts of dishonesty and malice against you and your business, including disclosure of trade secrets, bribery, trademark infringement, breach of contract, and more.
“Since he started practicing in 1974, his cases have helped produce reforms in hospital credentialing of physicians and reporting of physician misconduct; prompted medical manufacturers to pull defective products off the market; led hospitals to improve their use of post-surgical intravenous solutions; and triggered a manufacturer’s recall of defective tires.”
– Super Lawyers, September 15, 2021
Fight back against fraud with an experienced fraud and misrepresentation lawyer at Mithoff Law
Being defrauded by someone you thought you could trust can feel like having the rug pulled out from under you. If you’ve been the victim of fraudulent or misrepresentative actions, Mithoff Law is here to help you pick up the pieces and fight for the compensation you deserve.
Mithoff Law’s strategic approach and deep track record of success help us treat your case with the respect and diligence it deserves. We work tirelessly to ensure fraudulent actors are brought to justice.
Don’t let dishonesty taint what you’ve worked hard to build: contact a fraud and misrepresentation lawyer Mithoff Law today at 713-654-1122 to discuss your rights and learn how you can fight back.