What is typically required for a seller to be held liable for misrepresentation?

To hold a seller liable for misrepresentation, there typically needs to be a false representation made knowingly. This means that the seller must have intentionally provided incorrect information about the property, fully aware that it was false, and that this misrepresentation led the buyer to make a decision they otherwise might not have made. The concept of "knowingly" adds a significant layer of responsibility, as it underscores the idea that the seller had the intent to deceive or at least was careless enough to not verify the truth of their claims.

For instance, if a seller asserts that the property has no history of flooding, but they are aware of prior flooding incidents and choose to hide that information, they could be held liable for the misrepresentation because they acted with knowledge of the falsehood. This contrasts with simply making a mistake or being unaware of defects, which would not typically meet the threshold for liability.

The other options do not encapsulate the necessary criteria for liability in the context of misrepresentation. A written statement on property conditions might serve as documentation but does not itself establish knowing falsehood. A buyer's sophisticated understanding of real estate does not negate the seller's responsibility to be truthful in their representations. Lastly, while verbal assurances can be misleading, they don't automatically indicate liability