Colorado Springs, CO asked in White Collar Crime for Colorado

Q: If I sold a house and gave the buyer information I thought was true which turned out not to be but I have no proof

that I didn't know aboout it, does that qualify as fraudulent misrepresentation?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: Talk to a real estate attorney. This type of question is very fact specific, so there is no automatic "yes" or "no" answer. As a general rule, the larger financial impact the non-disclosure, the higher likelihood of litigation and the better chances of the buyer winning. Also be aware the knowledge requirement is "knew" or "reasonably should have known" (i.e. would an average "reasonable" person have been aware of the defect and disclosed the problem?).

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