Make the Lie Cost Them with an Orlando Fraudulent Misrepresentation Attorney
Fraudulent misrepresentation is a knowingly false statementof material fact made to get you to act—and that caused you real loss. As an Orlando, Florida fraudulent misrepresentation attorney, Keough Law proves the lie, measures the damage, and pursues full recovery—or defends businesses wrongly accused.
70+ 5-star reviewsRequest a Free Consultation
Tell us about your situation and we'll be in touch shortly.
Business runs on trust—they abused it
You extended credit based on financials that were fabricated. You paid for inventory that was never in the warehouse. You kept investing because a partner swore the numbers were real. Every business decision rests on the facts you're given—and when someone falsifies them on purpose, the law treats it as more than a bad deal.
Fraudulent misrepresentation is the foundational fraud claim in our business fraud practice, covering lies that caused harm whether or not a contract was signed.
- Falsified financial statements to win credit or a loan.
- Lies to an investor about performance or use of funds.
- Misstated inventory, receivables, or assets.
- False certifications that triggered your payment.
The four elements Florida requires
Florida courts apply a four-part test. Every element must be pleaded with particularity—who said what, when, and how it was false.
A false statement of material fact
A representation about a past or present fact that mattered to your decision—not an opinion, prediction, or sales puffery.
Knowledge of falsity
The speaker knew the statement was false when made, or made it without knowing whether it was true or false.
Intent that you act on it
The statement was meant to induce you to do something—pay, invest, ship, extend credit, or forgo a right.
Injury from relying on it
You acted in reliance on the misrepresentation and suffered a measurable loss as a result.
Where fraud cases are won or lost
Most fraud defenses attack the nature of the statement or the speaker's state of mind. If the statement was opinion, or the speaker believed it, there's no fraud—so the evidence of what they knew is everything.
We build that evidence early when pursuing a claim—and exploit its absence when defending one.
“We believed it”
- "It was only an opinion"
- "We thought it was true"
- "You knew the real facts"
- "You weren’t actually harmed"
“Here's what you knew”
- Concrete, checkable statements of fact
- Internal records contradicting the claim
- Facts concealed from you, not disclosed
- A quantified, documented loss
Intent leaves a paper trail
Keough Law builds fraud cases on documents, not accusations—tracing what was said against what was known, and putting a number on the harm. We pursue recovery for defrauded businesses and defend companies against fraud claims that don't hold up. Prior results do not guarantee a similar outcome.
“The numbers we were shown were fiction. Shaun dug into the records, proved it, and got us a recovery we didn't think was possible.”
Verified Google Review
Fraud Matter
Damages that fit the fraud
Florida lets you choose the measure that makes you whole. We run the numbers both ways and pursue the one that recovers more.
Benefit-of-the-bargain
The value you were promised minus the value you actually received.
Out-of-pocket loss
What you paid or lost in reliance on the lie, measured against what you got back.
Consequential damages
Downstream losses the fraud foreseeably caused, such as lost deals or financing costs.
Punitive damages
For intentional misconduct, with the court’s permission—to punish and deter.
From the lie to the judgment
Isolate the statements
We pinpoint each misrepresentation—who made it, when, in what form—and the proof that it was false.
Prove knowledge
Intent is the battleground. Emails, internal records, and timelines show what the speaker actually knew.
Measure the loss
We quantify damages under the measure that recovers the most—benefit-of-the-bargain or out-of-pocket—often with a forensic accountant.
Litigate & collect
A particularized complaint, focused discovery, and trial readiness—then collection on the judgment.
Know the case before you fund it
Fraud litigation is billed hourly, so we begin with a focused case assessment that tests each element against your documents. You'll know the strengths, the gaps, and a realistic budget before committing to suit.
We'll give you a candid read on the merits during your free consultation.
A litigator who follows the evidence
You work directly with Shaun Keough. Misrepresentation claims often sit alongside fraud in the inducement and civil theft claims, and our business litigation practice pleads them together so no remedy is left on the table.
Fraudulent misrepresentation questions
What are the elements of fraudulent misrepresentation in Florida?
Florida requires four elements: a false statement concerning a material fact, the speaker’s knowledge that it was false, an intent that the statement induce the other party to act, and injury suffered by the party who acted in reliance on it. The Florida Supreme Court has held that justifiable reliance is not a separate element, though the reasonableness of reliance can still matter to a jury.
How is fraudulent misrepresentation different from negligent misrepresentation?
The difference is state of mind. Fraudulent misrepresentation requires that the speaker knew the statement was false or made it recklessly. Negligent misrepresentation covers false statements made carelessly—without reasonable care to confirm they were true. Fraud carries heavier consequences, including potential punitive damages, which is why intent evidence matters so much.
How is this different from fraud in the inducement?
Fraud in the inducement is a type of fraudulent misrepresentation focused on lies told to get someone to sign a contract. Fraudulent misrepresentation is broader: it covers false statements that cause harm in any business dealing—false financial reports to a lender, misstatements to an investor, or lies that triggered a payment—whether or not a contract followed.
Can a promise about the future be fraud?
Usually not—a broken promise is normally a contract issue. But a promise of future action can be fraudulent if the person had no intention of keeping it when they made it. Proving that requires evidence of their state of mind at the time, such as conduct immediately after or statements to others.
What damages can I recover?
Florida generally allows either benefit-of-the-bargain damages (the value you were promised minus what you received) or out-of-pocket losses, plus consequential damages caused by the fraud. In cases of intentional misconduct, punitive damages may be available once the court permits the claim. Attorney’s fees typically require a contract or statute that provides for them.
Ready to protect
what you've built?
Schedule a free, confidential consultation. We'll talk through your situation and figure out the right next step together.