If someone makes or publishes a false statement about commercial real estate that your business is trying to sell, it could affect your property’s value and cost you the success of the transaction. According to Texas law, this malicious act is known as slander of title. At the Jackson Law Firm, we understand that the result of slander can cause devastating loss for your business, and being able to rectify the damage of the false claim and recoup the financial loss can be critical to your company’s future.
To prove that you have been the victim of slander of title, you must be able to provide evidence to the court that the statement published was known to be false, or at least that the person should have known it was false. There must also be proof that the statement directly affected the sale of your property, and that you suffered damages because of it.
The intent of the person who made the statement is also a factor. It must be clear that the statement against your property was made maliciously, and the person had an interest in the property. The court would determine there is no malicious intent if there is a legitimate question of whether or not your title is defective.
Compensation received from a successful slander of title case may include the expenses incurred clearing the slander from a public record, such as legal fees. Losses from the missed sale or failed real estate contract may also be included. For more information about protecting property, please visit our website.