If a seller intentionally lies to a buyer when selling an item, does this constitute fraud?

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If a seller intentionally lies to a buyer when selling an item, does this constitute fraud?

We bought 2 kayaks for $500. My mom specifically asked if they leaked and the woman told us no but they do leak And if they won’t give us our money back, is there any legal actions we can take?

Asked on June 26, 2015 under Business Law, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you jusitiably relied to your detriment.

In other words, your mother would not have purchased the kayaks had she known their true condition, that they leaked.

In a lawsuit for fraud, your mother's damages (monetary compensation) would be a refund of the amount she paid for the kayaks.  She can alos seek punitive damages which are a substantial additional amount to punish the intentional, malicious, wrongful act of the seller of the kayaks.


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