How To Prove A Florida Disparagement of Property (Slander of Title) Claim
In Florida, a claim of Disparagement of Property (Slander of Title) is defined as:
Disparagement of Property or Slander of Title is the use of false statements about a property that harm the economic interests of the property owner. It can include false statements about the ownership, condition, or quality of the property, leading to financial losses for the owner.
It simply means:
When someone makes untrue statements about property owned by someone else.
There are 5 elements of the claim:
- Element 1. The defendant stated a falsehood. The defendant made a false statement about the plaintiff’s property, claiming something untrue that could harm the plaintiff’s ownership or value of that property.
Facts that might support this element look like:
* The defendant publicly claimed that the plaintiff’s property was encumbered by a significant debt, which was untrue and misleading.
* The defendant asserted that the plaintiff had a history of fraudulent property transactions, despite there being no evidence to support this allegation.
* The defendant falsely stated that the plaintiff’s property was subject to a pending legal dispute, which was not the case at the time of the statement.
* The defendant claimed that the plaintiff’s property was in violation of local zoning laws, which had been resolved prior to the defendant’s statement.
* The defendant spread rumors that the plaintiff’s property was infested with hazardous materials, which was factually incorrect and damaging to the plaintiff’s reputation. - Element 2. The falsehood was published or communicated to a third person. This means that someone spread a false statement about your property to another person, which can harm your ownership rights or the property’s value.
Facts that might support this element look like:
* The defendant made a false statement about the plaintiff’s property ownership to a mutual acquaintance.
* The defendant posted a defamatory comment regarding the plaintiff’s title to the property on a public social media platform.
* The defendant sent an email to several business contacts falsely claiming that the plaintiff’s property was encumbered by liens.
* The defendant verbally communicated false information about the plaintiff’s property to a potential buyer, discouraging the sale.
* The defendant published an article in a local newspaper that inaccurately stated the plaintiff did not have clear title to their property. - Element 3. The defendant knew or reasonably should have known that the statement would likely result in inducing others not to deal with the plaintiff. The defendant was aware, or should have been aware, that their statement could lead others to avoid doing business with the plaintiff, harming the plaintiff’s reputation or property interests.
Facts that might support this element look like:
* The defendant had prior knowledge of the plaintiff’s business reputation and the potential impact of their statements on the plaintiff’s relationships with clients.
* The defendant made the disparaging statement in a public forum, indicating awareness of its potential to influence others’ perceptions of the plaintiff.
* The defendant had a motive to harm the plaintiff’s business interests, suggesting an understanding of the consequences of their statements.
* The defendant was informed by a mutual acquaintance that the statement could damage the plaintiff’s credibility, yet chose to proceed with it.
* The defendant had previously engaged in similar conduct that resulted in negative consequences for other businesses, demonstrating a pattern of reckless disregard for the truth. - Element 4. The falsehood played a material and substantial part in inducing others not to deal with the plaintiff. The false statement significantly influenced others to avoid doing business with the plaintiff, harming their reputation and ability to sell or lease their property.
Facts that might support this element look like:
* The defendant publicly claimed that the plaintiff’s property was encumbered by undisclosed liens, leading potential buyers to withdraw their offers.
* After the defendant’s statements, several investors expressed concerns about the plaintiff’s property, resulting in a significant decrease in inquiries.
* The defendant’s false assertions about the property’s legal status were shared on social media, causing widespread hesitation among prospective purchasers.
* Due to the defendant’s disparaging remarks, a reputable real estate agent refused to list the plaintiff’s property, citing concerns over its marketability.
* The defendant’s claims were circulated in a community newsletter, directly influencing local buyers to avoid the plaintiff’s property altogether. - Element 5. The plaintiff suffered special damages proximately caused by the published falsehood. The plaintiff experienced specific financial losses directly resulting from the false statements made about their property, which harmed their ability to sell or use it effectively.
Facts that might support this element look like:
* The plaintiff’s property was devalued by 30% following the publication of the falsehood regarding its title.
* The plaintiff lost a potential buyer who withdrew their offer after hearing the defamatory statement about the property.
* The plaintiff incurred $10,000 in legal fees to resolve disputes arising from the published falsehood.
* The plaintiff’s ability to secure financing was negatively impacted due to the slanderous claims about the property’s title.
* The plaintiff experienced emotional distress and reputational harm in the community as a direct result of the false statements made about their property.
(See Bothman v. Harrington, 458 So. 2d 1163, 1168 (Fla. Dist. Ct. App. 1984). Gates v. Utsey, 177 So. 2d 486, 488 (Fla. Dist. Ct. App. 1965). Continental Development Corp. of Florida v. Duval Title & Abstract Co., 356 So. 2d 925, 927 (Fla. Dist. Ct. App. 1978).)
If you’re in court without a lawyer and plan to assert a Claim of Disparagement of Property (Slander of Title), having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your FL Disparagement of Property (Slander of Title) Claim
U.S. Civil Cases Only