law

fraud

Fraud is an intentional misrepresentation or concealment of a material fact that another person reasonably relies on and is harmed by. In real estate it can include lying about a property's condition or knowingly hiding a defect. A contract induced by fraud is generally voidable by the injured party, who may also seek damages. Licensees who commit fraud risk discipline, lawsuits, and possible criminal charges.

Exam tip
Separate fraud (intentional) from negligent misrepresentation (careless) and puffing (exaggerated opinion, generally not actionable). Fraud makes a contract voidable, not void.
Example
A seller paints over water stains and tells the buyer the roof never leaked, knowing it does. After closing the buyer finds the leak and may sue for fraud.

1. Under the statute of frauds, a real estate sales contract must be:

Answer & explanation

Answer: C. The statute of frauds requires real estate sales contracts to be in writing and signed to be enforceable.

Related terms & state variants

Sources

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Last verified: 2026-10-23