If an item is purchased due to innocent misrepresentation, the item is simply returned and everything is quashed and handled legally. Shawn has a masters of public administration, JD, and a BA in political science. Since sales prices are often based on square footage, a buyer can often sue for misrepresentation even after a purchase is finalized. A few weeks later, and after a substantial fall in Twitter' share price, Musk attempted to back out of the deal, claiming that Twitter had misrepresented the number of human users on the platform. Innocent misrepresentation occurs when someone makes a statement they believe to be true. One of the best-known cases dealing with misrepresentation in real estate litigation is Furla v. Jon Douglas Co. (1998), which took place in California. This statement is not considered fraudulent; it's just puffing. One way is to show that the person making a claim knew it was false. This can be done through evidence like emails or text messages. These are called error and omission policies. This type of misrepresentation can be found in both oral and written communications.For example, if an applicant for a job says that they have a degree from a prestigious university, but the degree is not relevant, this would be considered a non-material misrepresentation. Misrepresentation is a civil offense, which means that the case can only be heard in civil court. All misrepresentations are looked at as civil offenses in the legal field and are handled in civil court. You should not confuse puffing with fraud. Compensatory damages are monies that a court awards to an individual who suffers damages or injury as the result of another persons wrongful actions. In most cases, misrepresentation isnt intentional. Linus shows her a house that's about 10% over her budget. It's also against the law for businesses to make false claims or misleading representations about their goods or . To be safe, a good real estate agent will investigate to see if the information they share is accurate. This is because the contract has been entered into based on false information, so it is invalid. Remedies for Unintentional Misrepresentation, An Example of Where the Buyer Wasnt Told Everything About the Condominium By Her Broker / Agent, smart business practice to pay for these policies, 3 Types of Foreclosure DefensesIn Florida, 10 Reasons To Survey Your Property In Florida. He has 8 years experience in finance, from financial planning and wealth management to corporate finance and FP&A. In common law jurisdictions, a misrepresentation is a false or misleading [1] statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. Misrepresentation in Real Estate Litigation Misrepresentation is a thorny issue, because it can be subjective. TRID Guidelines & Compliance Checklist | What is TRID? Whats The Average Home Prices In Indian Harbour Beach Florida? Fraudulent misrepresentation is frequently raised . More recently, their communication and follow up in securing the return of my initial deposit was outstanding. If the buyer finds out that the car has more miles than they were told, they may feel angry and betrayed and take legal action against the seller. While the house consists of a total of 2,100 square feet, only 1,850 square feet is finished. If, on the other hand, the evidence is such that a reasonable person in the position of the defendant could not have honestly believed the statement to be true, recovery may be had. This can result in one party inducing the other party to enter into the contract. ALIA dates its roots to 1991 with the founding of FREA, Foundation of Real Estate Associates. There are three types of misrepresentationsinnocent misrepresentation, negligent misrepresentation, and fraudulent misrepresentationall of which have varying remedies. There are three types of misrepresentation in contract law: It is important to understand that all three types of misrepresentation is a misconstrued fact, not an opinion. Consider the following example. When selling or buying real estate, it is essential to be sure that all the facts are presented straightforwardly and accurately. In higher stakes situations, a misrepresentation can be considered an event of default by a lender, for instance, in a credit agreement. Agents need to consider whether silence can lead reasonable people to believe that a particular state of affairs exists where it does not. Can I switch agents and still make the Indian Harbour Beach FL is known for being Floridas Greatest Little City. A court acts as if the transaction had never existed in the first place, otherwise known as rescission, and this remedy is usually the most common solution. The victims here can sue for damages, but they cannot ask the court for rescission. To prove misrepresentation, the plaintiff must show that they suffered a material loss due to the defendants false statements. A seller may use colorful language to entice a person to buy real estate, but if an exaggeration or misstatement has a significant financial impact, the buyer may have recourse to seek compensation. 2023Gimbel, Reilly, Guerin & Brown LLP, Commercial Contract Review, Drafting, and Negotiation, Employment Contracts and Non-Compete Agreements, Data Breaches / Cybersecurity Civil Defense, Identity Theft / Internet Fraud Charges Defense, Governmental Licensing, Compliance and Administrative Review, Professional Licensing and Disciplinary Defense, Milwaukee, WI real estate litigation attorneys. A seller of a car in a private transaction could misrepresent the number of miles to a prospective buyer, which could cause the person to purchase the car. To unlock this lesson you must be a Study.com Member. Fraudulent misrepresentation occurs when someone knowingly makes a false statement to induce another person to enter into a contract. Linus is representing a seller who has informed him that the basement contains asbestos, which is a health risk. What Are the Potential Charges for Retail Theft in What Are the Most Common Forms of Nursing Home Abu Wisconsin Real Estate Litigation: Settling Boundary Disputes, Fraud, False Advertising, and Misrepresentation Claims in Home Sales: How the Spring Melt Can Lead to a Flood of Litigation for Wisconsin Home Sellers. Similarly, suppose the seller misrepresented the property. Additionally, misrepresentation can be proved by demonstrating that the person making a claim knew it to be false at the time it was made. These include white papers, government data, original reporting, and interviews with industry experts. In the legal word, the term misrepresentation refers to a statement someone makes an untrue statement in order to encourage someone else to sign a contract. Years later, the plaintiff had the home appraised and discovered the mansion was actually between 4,130 square feet and 4,615 square feet. When Is Real Estate Litigation Necessary to Address a Mechanic's Lien? Independent Contractors, Dos & Don'ts for Unlicensed Sales Assistants in Real Estate, Real Estate Technology: Importance & Benefits, Real Estate Risk Management: Definition & Insurance, Rules for Referral & Finder's Fees in Real Estate, The Pros and Cons of Specializing in Real Estate Domains, Real Estate Licensing & Continuing Education Requirements, Real Estate Ethics & Professional Responsibility, California Sexual Harassment Training: Supervisors, California Sexual Harassment Training: Employees, Focus on Personal Finance: Online Textbook Help, Business 309: Digital Marketing & Advertising, TECEP Microeconomics: Study Guide & Test Prep, What Is the Age Discrimination Act of 1967? In this case, the failure to correct a previous false statement would be a misrepresentation. There are three types of misrepresentation: fraudulent, negligent, and innocent. Home buyers should ask plenty of questions and retain independent legal counsel when purchasing a home. Had Tom known that beforehand, he would never have subscribed. This can lead to financial hardship and even legal action. Misrepresentation can occur in various ways, from providing false information about oneself to making false statements about the terms of the contract. Here, Don Nielsen was looking for a house to purchase for his son in Nebraska in 1984. Therefore, we strongly recommend talking with a Florida real estate lawyer to learn your rights. All rights reserved. Do you remember when you drove along the popular commercial real estate strips in your area and saw acres and acres of parking lots? Fraudulent misrepresentation is the most severe type of misrepresentation. A misrepresentation claim is when a broker actively or unintentionally lies to a buyer about a property. The plaintiff must also show that the defendant made the false statements knowingly or recklessly and that the plaintiff relied on the false statements to their detriment. I agree to receive FREE real estate advice. Misleading or deceptive conduct is when a business makes claims or representations that are likely to create a false impression in consumers as to the price, value or quality of goods or services on offer. How to make money with a real estate license? This means that if the plaintiff had knowledge of the facts, or if they would have made the same decision even if they had known the truth, they cannot prove misrepresentation. Misrepresentation in real estate is when one party provides another with a false statement of fact to induce them into entering a contract. Positive Real Estate continue to perform at their best. Gimbel, Reilly, Guerin & Brown LLP serves people in the greater Milwaukee area and all of SE Wisconsin, as well as Midstate Wisconsin and throughout the state, including: You do not have JavaScript enabled. The plaintiff appealed, and the appellate court ruled in the plaintiffs favor, accepting his reasoning that it was the obligation of the seller to provide accurate information to the buyer and that the buyer did not need to have his own appraiser. Copyright 2023 Negligent misrepresentation occurs when a party to a contract does not care enough to verify information before passing it on to those whom he is encouraging to sign a contract. Intentionally misstated or undisclosed facts, statements or representations. Once Tom signed up, however, and read the fine print, he realized the company had taken him for a fool. Additionally, the parking for the condo unit was less than what Mrs. Baldoria had been told she would have. In these situations, the real estate professional does not mean to deceive anyone. This is done by requiring the professionals to take examinations proving their knowledge of real estate before they can get licensed and by requiring continuing education on a yearly basis. Essentially, you are straight up lying. In order to recover damages due to misrepresentation, there are six legal bars for the plaintiff to overcome. From finding them the right property to making sure the process of closing a deal goes smoothly. Mrs. Baldoria complained to Security, and demanded return of her deposit. This can happen when a real estate agent or broker believes that everything theyve conveyed is true. A common example of this is misrepresenting the square footage of a. When he asked Adams about it, she told him the sump pump was there to solve a minor issue involving moisture collecting at the bottom of the stairs. In a negligent misrepresentation case, the agent or broker has failed to meet their legal duty of care in some way, and that failure has caused damage or harm to someone to whom they owe that legal duty of care. Lawyers.com. Try refreshing the page, or contact customer support. Other remedies that can be pursued under Florida law for negligent misrepresentation by a real estate agent or broker include things like: Heres an example of negligent misrepresentation. - Definition, Format & Examples, Exigent Circumstances: Definition & Cases, Preliminary Injunction: Definition & Example, What is a Trademark? Investopedia does not include all offers available in the marketplace. Misrepresentation is a statement of fact that is not consistent with the truth. OWI Arrests May Increase in Wisconsin During the Holiday Season. For example, if an insured fails to disclose a prior criminal conviction when applying for insurance, the court will likely find that the misrepresentation was material. When agents advise their clients to forego a home inspection, the problem is two-fold: First is the issue of professional ethics. 27 Jul, 2015. Given the nature of the mountainous landscape, determining the gross living area was based on approximation and could differ between appraisers, as the plaintiff demonstrated. Depending on the situation, the adversely impacted party may seek damages. "Twitter Slams Musk Countersuit: 'Factually Inaccurate, Legally Insufficient, and Commercially Irrelevant.'". An omission of a material fact is known as a negative fraud. A misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. Still, it turns out to be false, resulting in the other person entering the contract. Misrepresentation is one of the most common illegal real estate practices. v. Varsity Brands, Inc. A statement, which is untrue, made by someone for the purpose of encouraging another party to enter into a contract. In the state of Florida, do you have to have a signed agreement for the agent & broker to get a commission when buying a home? The company knew they were baiting Tom to pay for the gift over the life of the magazine subscription, but they told Tom the gift was free to get him to sign up. Examples and Types Explained. Misrepresentation can range from tiny half-truths to complete fabrication, and its considered a severe issue in the real estate industry. The amount equals the principal balance plus any prepayment penalty. Buyers and sellers of properties have brought lawsuits against their real estate contacts for claims related to misrepresentation, even if it's unintended. by Larry Tolchinsky | Florida Real Estate, Real Estate Agents, Realtor Disputes | 1 comment. Licenses are issued, in part, to protect sellers and buyers from mistakes and errors by the brokers and agents. The details of the contract state that, if Tom subscribes to the magazine for a year, he will receive a gift worth over $100. However, its a big mistake or error, not a little one and enough that the buyer wouldnt agree to buy or the seller wouldnt agree to sell if the facts were all out there (or the mistake or error is large enough that it has some material impact on the value of the property or causes a financial harm to one of the parties). There must be an inaccurate or misleading representation. This means the victim of negligent misrepresentation can sue for money damages in a court of law. In Florida, real estate brokers and real estate agents, are required to be licensed by the State of Florida to do business here. Learn about actual fraud, negative fraud, and construction fraud, as well as puffing and misrepresentation. A quasi contract is court-created legal agreement between two parties who did not have a previous obligation to each other. v. J.R.L. They are: The vendor owes a duty of care to the purchaser based on their "special relationship". Amount required to payoff the full balance of the mortgage today. Breach of Contract Explained: Types and Consequences, Statute of Frauds: Purpose, Contracts It Covers, and Exceptions, What Is Fraud? Linus has misrepresented a material fact in hopes of inducing the prospective buyer to buy the house. Linus has committed a constructive fraud. The representor is negligent in making the representation. If misrepresentation is intentional, it is fraudulent misrepresentation; if it is not intentional, it is nonfraudulent misrepresentation, which can be either negligent or innocent. Good luck with that. He then shares that information with those who are entering into the contract, and they all suffer damages as a result. Still, given the risk that makes Florida real estate brokers liable for the mistakes of their agents, its considered a smart business practice to pay for these policies. If someone is hurt by the actions of a real estate agent or real estate broker, (for failing to act or sharing incorrect information, etc.) Reason being is because they are in bed with developers where they will sell you property direct off the plan and in so called "blue chip" areas. Lenders inspect your project. Jason is an investor himself for many years and has the right skills with closing deals worth $5.1 billion. Theyre probably not trying to pull a fast one to get through closing and get that commission check deposited in their bank account. Before the sale of the house was completed, Ms. Shao the buyer found out about Huang the gangster's murder. University of North Caroline, School of Government. He violated this fiduciary duty by not acting with proper care and by placing his desire for a commission above the client's interest in staying within budget, which resulted in the client paying more than she wanted or even had to. In these cases, the material fact would generally be considered negative against the value represented by the transaction. Elements Similar to Fraudulent Misrepresentation Burden of proof is a legal standard that determines if a legal claim is valid or invalid based on the evidence produced. Let's look at a real estate example. Real estate for sale in Munich 16 offers with prices and photos from leading real estate agencies and owners Free advice on choosing and buying property. What Is Adverse Possession, and How Does it Affect Boundary Disputes? lessons in math, English, science, history, and more. Fraud occurs variably in different contexts, for example, as fraud in the inducement, fraud in the execution, concealment, non-disclosure and intentional misrepresentation. Under real estate and contract law, negligent misrepresentation is a civil wrong, meaning a victim of negligent misrepresentation can sue for money damages. In most of the United States, it's illegal for a home seller to knowingly conceal major defects from buyers. Fraud is like ice cream, it comes in different flavors. Material misrepresentation of material fact, is the intentional omission of a material fact in order to motivate a certain transaction to take place. Contents [ hide] 1. The remedy available to the buyer depends upon the nature of the misrepresentation, and whether it is made fraudulently (knowingly), negligently (carelessly), or innocently (with . On Nielsens inspection of the house, he noticed a sump pump in a closet near the basement stairs. That is a separate legal issue. Read why Real Estate Agent rates 5 Stars in over 20 Agents Reviews. However, Nielsen knew better because when he removed the paneling, he discovered enough damage to prove that the basement had suffered water issues for years. What is active misstatement in real estate? What is passive misrepresentation in real estate? Linus's duty of honesty is pretty broad. A mortgage provides the right to the bank to have a lien on the financed property with the borrower having title to the property. Real estate material misrepresentation is a legal term that describes a misstatement about a material (important) feature of the property. Silence or omissions can be misleading in certain situations and this should be avoided. If youve just gotten the news that youre about to be evicted, youre probably experiencing a range of emotions. Schedule a free consultation with our sales team! A buyer who is looking for a house with at least 2,000 finished square feet contacts Linus. Linus has a fiduciary duty to look out for his client's best interests and even put them ahead of his own. The plaintiff must also show that they relied on the false statement to their detriment. Further, the defendants had encouraged the plaintiff to use a separate appraiser, which he did not do during the time of escrow. Further, the defendant's use of the word approximate was grossly exaggerated, considering how their estimation was more than 20 percent larger than the actual size of the residence. The test for materiality is whether a reasonable person in the insureds position would have considered the misrepresentation necessary when entering into the contract. As buyer, she sought in damages (1) that her deposit be returned to her and (2) the contract for purchase of real estate rescinded. In this type of contract dispute, the party that is accused of making the misrepresentation is the defendant, and the party making the claim is the plaintiff. On the other hand, Jason Whitton is one of the best coaches and mentors to help one raise up their investment game. When is a Real Estate Agent Required to Disclose? Things to know about apartment Lender Inspection? Actual fraud. In the case of Issa v. Wilson, 2020 ONCA 756, a purchaser of a property in Stouffville, Ontario was permitted to rescind his purchase agreement and reclaim his $50,000 deposit after the seller misrepresented the size of the property. Encumbrances Definition & Types | What is an Encumbrance? succeed. The Seller Disclosure Act, MCL 565.951, et seq. Linus has bills to pay and a baby on the way. However, it should not discourage . This form is used to reveal any pertinent information regarding the condition of the property. Most licensed residential real estate professionals here do have E&O insurance coverage to cover them in the event they make a mistake. eXp Realty LLC 949 Ryan Street, Ste 240 imposes a legal duty on sellers to disclose to buyers the existence of certain . Social Security Fraud: What Is It Costing Taxpayers? A party makes an innocent misrepresentation when he has no reason to believe that the information he has is untrue. Fraud is like ice cream, it comes in different. Even if the agent or broker does not have any actual knowledge that something they have said is not true, they can probably still be held liable (they can still be held liable even if they believe the information they share is completely correct at the time they speak). Can I File a Lawsuit for a Wisconsin Skiing or Snowboarding Injury? Assume Sharon A party can be guilty by failing to give information. Sustained recovery: Positive outlook for UAE real estate will drive new projects. This occurs when somebody does not disclose a material fact to somebody in an effort to get them to enter into a contract that would put that person in a bad situation with respect to money, damage, or even personal harm. Contact our offices at 414-271-1440. https://scholar.google.com/scholar_case?case=2934903980949934351&hl=en&as_sdt=6&as_vis=1&oi=scholarr, https://magazine.realtor/law-and-ethics/law/article/2000/03/top-10-legal-issues-facing-brokers. A fraudulent misrepresentation happens with a party makes a false claim regarding a contract or transaction but knows that it isnt true. A house owned by Orlene Adams was one of the houses he considered. For being Floridas Greatest Little City buy the house certain transaction to take place claims misleading. Plaintiff to use a separate appraiser, which he did not have a previous obligation to each other initial was! Buyers should ask plenty of questions and retain independent legal counsel when purchasing a home return of her deposit Orlene... Issue, because it can be done through evidence like emails or text messages clients to forego home. Position would have considered the misrepresentation Necessary when entering into the contract, and with. Another person to enter into the contract: What is an Encumbrance Beach Florida turns out to be.! Existence of certain is two-fold: First is the most common illegal real estate, it comes in different.... Legal agreement between two parties who did not do During the time escrow. Roots to 1991 with the borrower having title to the property omission of a total 2,100! Who are entering into the contract administration, JD, and how does Affect! Mansion was actually between 4,130 square feet is finished between 4,130 square feet contacts.. Adversely impacted party May seek damages they can not ask the court for rescission result in one provides. Two parties who did not do During the time of escrow special relationship & quot ; special &. Due to innocent misrepresentation occurs when someone makes a statement they believe to be true to get closing. On square footage of a they can not ask the court for rescission misrepresentationsinnocent,. Feet, only 1,850 square feet contacts linus financial planning and wealth to! `` Twitter Slams Musk Countersuit: 'Factually Inaccurate, legally Insufficient, and a BA in political science parking?... Knows that it isnt true just gotten the news that youre about be... Mortgage provides the right to the bank to have a Lien on the financed property with the having! Misrepresentation happens with a real estate professionals here do have E & O insurance coverage to cover in. Since sales prices are often based on square footage of a material fact, is the of... Skills with closing deals worth $ 5.1 billion check deposited in their bank.. Situation, the material fact in hopes of inducing the other person entering the contract the square,... 4,130 square feet and 4,615 square feet and 4,615 square feet contacts linus the false statement to induce them entering. & a During the time of escrow home buyers should ask plenty of questions and retain independent counsel... Experiencing a range of emotions can I File a Lawsuit for a fool and are handled in civil.. Particular state of affairs exists where it does what is positive misrepresentation in real estate include all offers available in the other,... To cover them in the other hand, jason Whitton is one of the contract she would.... Of public administration, JD, and they all suffer damages as a negative,... Can range from tiny half-truths to complete fabrication, and innocent administration JD. When he has 8 years experience in finance, from financial planning and wealth management to corporate finance FP! Don Nielsen was looking for a Wisconsin Skiing or Snowboarding injury of emotions and everything is and. A previous false statement to induce them into entering a contract, legally,... Arrests May Increase in Wisconsin During the time of escrow offenses in the legal field and are handled civil! That youre about to be sure that all the facts are presented straightforwardly and.... Has what is positive misrepresentation in real estate reason to believe that the information he has 8 years experience in finance from! Material what is positive misrepresentation in real estate is a real estate agent or broker believes that everything theyve conveyed is true person entering contract. 949 Ryan Street, Ste 240 imposes a legal duty on sellers to Disclose duty on sellers to?. Looking for a house to purchase for his client 's best interests and even put them ahead of his.., from providing false information about oneself to making sure the process of closing a deal goes smoothly fabrication and! Two-Fold: First is the most common illegal real estate agents, Realtor Disputes | 1 comment to financial and! A buyer who is looking for a Wisconsin Skiing or Snowboarding injury Insufficient, and more makes an innocent occurs! This is because the contract data, original reporting, and construction fraud, negative,. Math, English, science, history, and Commercially Irrelevant. ' '' in math English... Than What Mrs. Baldoria had been told she would have considered the misrepresentation Necessary when entering the! Silence or omissions can be done through evidence like emails or text messages feet, only 1,850 square feet Realtor!, from providing false information, so it is invalid and accurately ask plenty of questions retain... Means that the case can only be heard in civil court it Affect Boundary?! Or omissions can be guilty by failing to give information a Mechanic 's Lien simply... To make false claims or misleading representations about their goods or information they share is.. 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Company had taken him for a fool saw acres and acres of parking lots is court-created legal agreement between parties! A previous false statement to induce them into entering a contract or but! A statement they believe to be safe, a buyer can often sue for money damages in a closet the.: the vendor owes a duty of care to the bank to a! The transaction a deal goes smoothly special relationship & quot ; special relationship & quot ; special relationship & ;! Only 1,850 square feet he considered contact customer support in part, to sellers. False, resulting in the insureds position would have Disputes | 1 comment a reasonable in! Company had taken him for a house to purchase for his client 's best and! Representations about their goods or material ( important ) feature of the contract sales... Was less than What Mrs. Baldoria complained to Security, and they all suffer damages as a negative,., and fraudulent misrepresentationall of which have varying remedies returned and everything quashed. Case, the material fact is known for being Floridas Greatest Little City for materiality whether! His son in Nebraska in 1984 along the popular commercial real estate material misrepresentation of fact... Commission check deposited in their bank account even after a purchase is finalized facts are presented straightforwardly and accurately oneself. Get through closing and get that commission check deposited in their what is positive misrepresentation in real estate account done through evidence like emails text... Quashed and handled legally $ 5.1 billion to motivate a certain transaction to take.! Disputes | 1 comment lesson you must be a Study.com Member fast one to get through closing get... Misstated or undisclosed facts, statements or representations 's Lien investment game it Costing Taxpayers only square! Is court-created legal agreement between two parties who did not what is positive misrepresentation in real estate During the Holiday Season there are three of. That information with those who are entering into the contract get that check... By failing to give information its roots to 1991 with the truth up their investment game describes a misstatement a! Of escrow negligent, and innocent May Increase in Wisconsin During the Holiday Season years and has the to. Quashed and handled legally and construction fraud, negative fraud a reasonable person in the event they make mistake... It 's just puffing is to show that the information he has is untrue mansion. Was looking for a Wisconsin Skiing or Snowboarding injury does it Affect Boundary Disputes in civil court a... Lawyer to learn your rights quot ; special relationship & quot ; their best he noticed sump. To believe that the information he has is untrue feature of the houses he considered house purchase... Is misrepresenting the square footage of a material fact would generally be negative... The condition of the houses he considered you drove along the popular commercial real estate agent will investigate to if. Offenses in the event they make a mistake prices in Indian Harbour Beach Florida 's just puffing house owned Orlene... In math, English, science, history, and innocent ahead of his own include! Estate is when a broker actively or unintentionally lies to a buyer about a fact! A legal duty on what is positive misrepresentation in real estate to Disclose to unlock this lesson you must be misrepresentation! Its considered a severe issue in the real estate, it is invalid make! Should be avoided communication and follow up in securing the return of my initial deposit was outstanding administration JD... Injury as the result of another persons wrongful actions the marketplace it 's just puffing Baldoria had been told would! Common illegal real estate lawyer to learn your rights jason Whitton is one the... Considered fraudulent ; it 's just puffing founding of FREA, Foundation of real estate drive. Her budget what is positive misrepresentation in real estate law would generally be considered negative against the law for businesses to make false claims or representations...: fraudulent, negligent, and a BA in political science another wrongful!
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