San Antonio Consumer and Business Fraud Attorneys
Experienced legal help for fraud and misrepresentation in South Texas
As a business owner or partner, you face many challenges in keeping operations running smoothly and successfully. One of the biggest threats to your work and livelihood is fraud – misrepresentation or deceptive practices can hit you hard financially or hurt your company’s reputation. Sometimes legal disputes are simply part of running a business, even when you do the best to protect yourself. Fraud, however, is a serious matter that can cause serious damages.
The same holds true when you are a consumer making a business transaction. When making an important purchase or investment, like real estate, you are entitled to honesty and transparency throughout the process. When your property ends up being less (or much worse) than promised, you may have experienced fraud.
The San Antonio civil litigation attorneys at Grable Grimshaw PLLC are well-versed in business fraud, misrepresentation, and other deceptive and unlawful practices. If you need strong, strategic, and experienced legal help with your business fraud case, we can help. We understand the seriousness of these types of claims and have the knowledge and resources you need on your side. Contact us today.
What Our Clients Are Saying
"Brandon Grable and his team are highly professional, and delivered the results I was looking for. Further, they put the client interest first evidenced by the way they communicated with me, and they way they handled the fees. I recommend Grable Grimshaw and will seek them again for my future legal needs." – Phil K.
What is fraud?
Fraud can take a variety of forms, whether against a business or an individual consumer. In general, fraud is the act of deceiving someone in order to gain a personal or economic benefit. Often, this fraud is disguised as a legitimate business practice, which can make it challenging to recognize until it is too late. These can include internet and online scams, real estate fraud, negligent non-disclosure, fraudulent concealment, and much more.
What are the different types of business fraud?
Misrepresentation and fraud can occur in a variety of ways across a variety of businesses and industries. Some of the types of cases our San Antonio attorneys handle here at Grable Grimshaw include:
Real estate fraud
Real estate agents and sellers have a responsibility to make accurate disclosures regarding their for-sale properties. Whether you are involved in the sale, purchase, lease, or transfer of commercial or residential property, fraud can derail your progress and cause serious economic loss. The most common example of real estate fraud is failure to disclose, including issues like:
- Structural problems
- Prior floods or fires
- Multiple ownership claims
- Falsified forms
- Property size discrepancies
- Outstanding insurance claims
When anyone involved in a real estate transaction provides false information or misrepresentation that results in losses to another party, they can be held liable under Chapter 27 of Texas Business and Commerce law. This is also known as “statutory fraud,” which we will touch upon in the next section.
Breach of contract
Contracts are the foundation of business transactions. When one party breaks any facet of this agreement, you may have a breach of contract claim. Contract disputes occur when one or more parties involved in a business agreement fail to uphold their part of the agreed-upon terms and conditions. Breach of contract actions include:
- When one party does not perform as promised
- When one party states they do not intend to fulfill their part of the contract
- When one party prevents the other from performing their duties
Any individual, organization, or company that attempts to benefit by acting dishonestly may be held liable for misrepresentation. These acts can include:
- Lying about business or professional credentials
- Exaggerating or misrepresenting qualifications or professional experience
- Hiding relevant and important information
- Dishonest representation of any form
Deceptive trade practices
When a consumer is harmed by business fraud, they can look to the Texas Deceptive Trade Practices Act (DTPA) for help. The Act protects consumers against a wide variety of fraudulent business practices, including:
- Breach of warranty
- False, misleading or deceptive acts
- One-sided, unfair, and unconscionable acts
- False representation of facts
The San Antonio business fraud attorneys at Grable Grimshaw can answer all of your questions about a potential case at a short consultation. Contact us today to schedule an appointment.
What are common law and statutory fraud?
There are two types of fraud claims here in Texas – common law fraud and statutory fraud.
In a common law fraud claim, one party alleges false representation on the part of another. This means they made false statements or misrepresentations in order to tempt or entice a consumer to make a business transaction, causing the consumer to suffer a loss. Common law fraud also includes intentional failure to disclose.
Statutory fraud involves real estate and stock exchange fraud, as outlined under Chapter 27 of Texas Business and Commerce law. This is similar to common law fraud, but has a lower burden of proof. Examples of statutory fraud include things like when a real estate agent fails to disclose mold in a house before a client purchases it, or any other time a customer enters into a contract relying on false or misleading representation.
Our San Antonio lawyers can represent you as an individual or business with either type of claim.
How do I prove business fraud?
For a successful fraud claim, a plaintiff must show the following:
- The defendant made statements or representations of fact
- Those statements were shown to be false
- The defendant either knew the statements were false, or made them recklessly without knowledge or understanding of the truth
- The defendant meant for these statements to entice the plaintiff to act a certain way
- The plaintiff relied and acted upon these statements and suffered a loss as a result
What damages are available in a successful fraud claim?
With a successful fraud claim, a plaintiff may be eligible for a variety of damages, including:
- Financial compensation, including lost profits
- Exemplary damages
- Statutory fraud damages
- Attorney fees (in certain cases)
At Grable Grimshaw, our San Antonio attorneys understand that proving fraud and misrepresentation requires thorough investigation and detailed evaluation of contracts, transactions, business documents, and professional relationships. We will discuss your situation thoroughly and determine the best legal course of action and work to secure the best possible outcome. Our experienced team of litigators is always ready to go to court on your behalf.
San Antonio business fraud attorneys providing top-notch representation
At Grable Grimshaw PLLC, our decades of experience give us a thorough knowledge of a wide variety of business and consumer fraud claims. Our attorneys take the action you need to protect yourself and your assets when you are involved in any type of dispute. To schedule a consultation about your fraud case, call our San Antonio offices at 210-963-5297 or fill out our contact form. We’re proud to serve clients throughout South Texas.