Legal Question in Business Law in New York

You don't have to disclose minutiae, but you do have to disclose material facts. Failure to disclose material facts makes a contract voidable at the option of the party from whom those facts were withheld.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

It is unclear what you mean by "strategic misrepresentation". Clearly if you misrepresent facts or other material matters and the contract contains your Representations and Warranties as to such facts and matters, then you would be in breach of the contract. In addition, depending on the nature of the misrepresentation, you may be sued for fraud, intentional misrepresentation as well as a host of business torts which may result in damages and/or even an annulment of the deal.

This does not mean that you must disclose every single fact and issue. The decision what to disclose needs to be weighed individually in keeping with the parties and the deal.

If you are represented by an attorney, in this deal, then this is something you need to discuss with them. If you don't have an attorney, you should consider retaining a business attorney who will be able to help you make the necessary decisions.

If you have additional questions, feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.