Which of the following is one element that must be proven for a representation to be false or misleading?

• A. The representation is made
• B. The representation is in writing
• C. The representation is true
• D. The representation is to a government body

Answer: (A)

A misrepresentation claim hinges on the fact that a statement was actually made. If no representation was communicated to someone, there’s nothing that can be false or misleading about it. In real estate practice, statements can be spoken or written, but the essential point is that someone heard or read a statement about a material fact. The statement being true would negate a claim of misrepresentation, and it doesn’t have to be addressed to a government body—the misrepresentation can concern a buyer, a seller, or another party. So the necessary element to prove for a representation to be false or misleading is that a representation was made.