Fraud

People often enter into business transactions with the assumption that all parties will act honestly and fairly. Unfortunately, they sometimes discover that the other party has engaged in deceptive practices, concealing or misrepresenting critical information. These deceptive practices can have a devastating impact on individuals, resulting in emotional distress and significant financial losses.

The Menekshe Law Firm has successfully represented a variety of clients who were the victims of fraud, utilizing a range of resources and methods to ensure that they are fully compensated for their losses.

Fraud can occur in circumstances such as the following:

Mortgage Fraud: Lenders and servicing agents might use deceptive practices in drafting loan documents and during the loan servicing process, in violation of federal and state laws.
Consumer Fraud: Businesses might take advantage of unsuspecting consumers with misleading or hidden terms in their agreements.
Contractor Fraud: Contractors might use deceptive practices, such as misrepresenting themselves in contractual agreements with the homeowner, or lacking the required building permits, licenses, or employees to complete the building project.

For more information on mortgage fraud and predatory lending, please see the real estate/mortgage fraud overview page.

Fraud can be committed against honest, well-intentioned individuals in a variety of different ways. Below is a list of some common fraudulent practices:

Intentional Misrepresentations: Under Civil Code Section 1572, "actual fraud" or intentional misrepresentation constitutes the intent to deceive by inducing another party to enter into a contract when the party making the assertion knowingly suppresses the truth.
Negligent Misrepresentations: Civil Code Section 1710 defines negligent misrepresentation as a type of "deceit," wherein a person makes an assertion of fact that is not true, and the person has no reasonable basis for believing it to be true.
Concealment: According to Civil Code Section 1710, "deceit" also includes the suppression of a fact by someone who should disclose the truth, or it may involve giving information that is likely to mislead the other party because other facts are not being disclosed.
Promissory Fraud: Civil Code Section 1710 also categorizes "deceit" as involving one party making a promise to another that he or she has no intention of ever performing.

To see statutes regarding fraud and deceit under California Civil Code Sections 1572 and 1709-1710, please click here.

Victims of fraud have legal remedies available to them, such as rescinding the contract and obtaining compensation for their financial losses. An experienced contractual law attorney can discuss your rights in depth and advise you of your options. If you were the victim of fraud, and need qualified, aggressive legal representation, contact the Menekshe Law Firm today.