If a claim is not brought within the correct limitations period, it is barred. The statute of limitations analysis is not always easy, particularly for fraud/intentional misrepresentation. Fraud has nine elements: (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity or ignorance of its truth; (5) the speaker’s intent…
Legal Articles
Fraud Under Missouri Probate Code; Common Law Fraud
There is a special cause of action that can be asserted for fraud when it is made in the context of a probate case. Section 472.013, RSMo provides as follows: [w]henever fraud has been perpetrated in connection with any proceeding or in any statement filed under [the probate] code, or if fraud is used to…
Real Estate Contracts: Seller's Disclosure Statement
In any contract for the sale of a good there has to be a full and complete disclosure of the character and nature of the good being sold. This is particularly true when it comes to residential and commercial real estate because of the myriad of issues present with real estate. Therefore, the seller in…