MISREPRESENTATION an untrue statement, whether unintentional or deliberate. It may be a form of nondisclosure where there is a duty to disclose or the planned creation of a false appearance. Where there is misrepresentation of MATERIAL FACT, the person injured may sue for DAMAGES or RESCIND the CONTRACT. See FALSE ADVERTISING. Example: The BROKER represented the home as being structurally sound. The broker did not know that TERMITES were destroying the wood. The buyer sued the broker for misrepresentation.