Civil Law Fraud Attorney Alexandria VA
Fraud in Virginia is more complex than most lawyers even realize. The easiest way to understand fraud is to break it down into three potential claims and the various elements of those claims. Understanding it is the only way to defend yourself against accusations of it or to bring it as a cause of action as here in Virginia because fraud must be plead in particularity, meaning, all seven elements must be present in order to succeed on a claim. If you believe you someone has committed fraud or you are being accused of fraud in Virginia please find a Civil Law Attorney who can help you if you live near Fairfax, Loudoun, and Arlington and Prince William counties. The various types of Fraud claims in Virginia are Fraud in the Inducement, Fraud in the Factum, or Violation of the Virginia Consumer Protection Act.
Fraud in the Inducement
The easiest way to understand fraud in the inducement is that is an intentional misrepresentation made in order to induce you to contract. For example, if I tell you that I am a diamond merchant who is selling you a diamond, but actually, I am just a charlatan and I don’t know anything about diamonds, then I would be committing fraud in the inducement.
Fraud in the Factum
Fraud in the factum is a bit different and has more to do with the actual goods sold rather than promises made. To return to the example above, If I am actually a diamond merchant who is selling you a diamond, but actually, what I am selling you is a hunk of glass, then I would be committing fraud in the factum.
Elements of Fraud
Although fraud un the factum and fraud in the inducement are different, they have the same six elements that must be satisfied to succeed on a claim for fraud. There must be some misrepresentation, of an important or material fact, that is made knowingly, with the purpose of misleading the other person, and the other person had to have relied on that representation, and was damage as a result of relying on that misrepresentation. If any one of these elements is not present, then you cannot recover for a fraud claim. Your only chance will be to move onto the third option.
Virginia Consumer Protection Act
Virginia also has another means of proving fraud. It is called the Virginia Consumer Protection Act. It applies to all transactions between businesses and people, and some businesses and businesses depending on the goods or services sold. Essentially the Virginia Consumer protection act narrows the elements down to they are a merchant, they acted in one of the specified wrongful ways, of which there are more than twenty, and someone was damaged. The Virginia Consumer Protection Act is a statutory means to prove fraud and is more efficient that proving all six elements of fraud. It also covers other bad acts like withholding important information and not being licensed to preform services.
Are you dealing with fraud charges? The expert attorneys at Mughal Law Firm are ready to give you the best legal advice in Alexandria, Va. Contact us today to schedule a consultation.