Unfair and Deceptive Acts and Practices: 8.3.6.3 UDAP Claims Regarding Appraisal Fraud
There can be little question that procuring or providing a falsified appraisal meets the standard of deception in a UDAP statute239 and is a misrepresentation that will support a fraud claim.240 UDAP claims are particularly flexible since in many states privity of contract is unnecessary241 and nondisclosure is just as actionable as affirmative deception.242