The word “slander” is normally used in the context of making a false statement against a person. It is also commonly associated with claims of defamation. The law, however, also recognizes claims for slander against the title of real property.
In order to have a claim for slander of title, “a plaintiff must show that (1) a defendant published or communicated a falsehood to a third party, (2) the defendant knew or reasonably should have known that the falsehood would likely result in inducing others not to deal with the plaintiff, (3) the falsehood did materially and substantially induce others not to deal with the plaintiff, and (4) the falsehood resulted in damages that were proximately caused by the published falsehood.” Van Loan v. Heather Hills Prop. Owners Ass’n, Inc.,ย 216 So. 3d 18, 24 (Fla. 2d DCA 2016).
Not just any defect or error in a title qualifies for an action for slander of title. There has to be a “false and malicious statement, oral or written, made in disparagement of a person’s title to real or personal property, or of some right of his, causing him special damages.โย Two Islands Dev. Corp. v. Clarke, 239 So. 3d 115, 127 (Fla. 3d DCA 2018)
“Special damages” are specific, economic damages to the plaintiff that can be clearly ascertained. They are also known as “economic damages” and are damages that are concrete and tangible. In the context of slander of title, the cancellation of a lease or a contract for purchase and sale may qualify as specific damages if a link between the alleged slander and the cancellation can be established. A Plaintiff, however, “must present specific evidence showing exactly how the falsehood induced others not to deal with the plaintiff.”ย Trigeorgis v. Trigeorgis, 240 So. 3d 772 (Fla. 4d DCA 2018).
For legal help with title claims, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.ย ย ย
We at Ayala Law PA are passionate about helping those in legal need, so please donโt hesitate to schedule a case evaluation with us online here.ย ย
[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].ย
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