Concord, CA asked in Small Claims for California

Q: If an agreement to repay a loan is found to contain false information, what small claim basis would the lender pursue?

Specifically, I am trying to determine if the lender can file a claim based on the assumption that fraud invalidates the current agreement and if the proper course of action would then be to establish a valid agreement.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: A California attorney could advise best, but your question remains open for three weeks. Fraud can be argued as a basis for challenging the validity of an agreement. As a general premise of contract law, it goes to the element of meeting of the minds in the formation of a contract. It would be best to consult with a California attorney as to state-specific law on the issue rather than general contract law principles. Good luck

Tim Akpinar

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