Fraudulent Misrepresentation in Florida: What Courts Require Before a Case Can Proceed
Not every dispute involving a real estate or business transaction rises to the level of fraud—and in Florida, simply alleging dishonesty is not enough to survive dismissal. Courts apply a heightened pleading standard when a party claims fraudulent misrepresentation, meaning the complaint must do more than allege vague or general misconduct.
At Recalde Law Firm, P.A., we often represent parties in litigation where fraud is alleged, and we’re familiar with how Florida courts evaluate whether a claim meets the necessary legal threshold to move forward.
The Four Required Elements
Under Florida law, a party alleging fraudulent misrepresentation must show that:
1. A false statement was made concerning a material fact;
2. The person making the statement knew it was false;
3. The statement was made with the intent to induce another to act upon it; and
4. The plaintiff relied on the statement and suffered injury as a result.
(Johnson v. Davis, 480 So. 2d 625, 627 (Fla. 1985))
These are not technicalities—each element must be supported by specific, factual allegations. Courts regularly dismiss claims where the complaint fails to show who made the alleged statement, what exactly was said, and how the plaintiff relied on it.
The Heightened Pleading Standard
Florida Rule of Civil Procedure 1.120(b) makes clear that fraud must be pled with particularity. That means:
• The complaint must identify the misrepresentation of fact
• It must explain how the statement was false
• And it must tie the false statement to the alleged harm
Particularity requires identifying the representation of fact and how the representation is false.
(Gordon v. Etue, Wardlaw & Co., P.A., 511 So. 2d 384 (Fla. 1st DCA 1987))
General allegations that someone was dishonest, misleading, or “covered something up” are not enough. Florida courts require clear factual allegations that can be tested and challenged.
The Contract and Disclosure Context
In many real estate disputes, plaintiffs point to alleged false statements in the contract or disclosure documents. But if the only statements at issue are those attributed to the party who signed the agreement in a representative or corporate capacity—not personally—it becomes even harder to maintain a fraud claim against an individual defendant.
This was reinforced in the case law where the court found that a contract’s language—such as a statement by the “Seller” in a disclosure form—did not automatically create liability for a person not named as the seller. Allegations must connect the specific defendant to a specific misrepresentation, made personally, and with intent to deceive.
Bottom Line for Litigants
If you are bringing or defending against a fraud claim in Florida:
• For plaintiffs: Be prepared to allege the “who, what, when, where, and how” of the misrepresentation.
• For defendants: Evaluate whether the complaint meets the Rule 1.120(b) standard—if not, you may have strong grounds to seek dismissal early.
Courts are not inclined to let fraud claims proceed on conclusory or generalized allegations. And when business relationships or real estate transactions are involved, the written terms of the contract and the identity of the contracting parties matter.
Recalde Law Firm, P.A.
Phone: (305) 792-9100
Email: [email protected]
This blog post discusses general legal standards and published Florida decisions. It does not constitute legal advice or create an attorney-client relationship.
