Understanding the Basics of a Claim for Slander of Title in Real Estate

Slander of title is a claim seeking damages against someone for falsely disparaging another person’s title on real property.

Elements of a Slander of Title Claim

To prevail on a claim for slander of title, a plaintiff must prove the following five elements: “(1) A falsehood (2) has been published, or communicated to a third person (3) when the defendant-publisher knows or reasonably should know that it will likely result in inducing others not to deal with the plaintiff and (4) in fact, the falsehood does play a material and substantial part in inducing others not to deal with the plaintiff; and (5) special damages are proximately caused as a result of the published falsehood.” Trigeorgis v. Trigeorgis, 240 So. 3d 772, 775 (Fla. 4th DCA 2018).

The Importance of Malicious Intent

The key in slander of title claims is the intent component. The party slandering title has to have done it with “malicious” intent. Trigeorgis, 240 So. 3d at 775 (no falsehood where notice of interest was recorded “under the belief that the parties had an enforceable agreement”); Brown v. Kelly, 545 So. 2d 518, 520 (Fla. 5th DCA 1989) (finding statement “predicated on the seller’s belief, albeit mistaken, that he had a valid and enforceable agreement with the buyer” was “neither false nor . . . malicious”).

What Counts as Publication?

The publication requirement is often a point of contention in slander of title cases. Publication generally includes recording a lien in the public records, verbal or written statements that third parties can see. However, there’s also precedent for the idea that that publication may not be actionable if it becomes part of the public record. Cf. Tishman-Speyer Equitable S. Florida Venture v. Knight Investments, Inc., 591 So. 2d 213, 214 (Fla. 4th DCA 1991) (“[W]e doubt that actionable publication can occur after the contents of the publication has become part of the public record.”).

Proving Impact on Third Parties

A slander of title claimant must also show that the falsehood played a material and substantial part in inducing others not to deal with the owner. This is not a casual requirement though. In order to prove this element, a claimant must “present specific evidence showing exactly how the falsehood induced others not to deal with the plaintiff.” Trigeorgis, 240 So. 3d at 775.

Final Thoughts

As seen, proving a slander of title claim is not a simple proposition. If you have questions about slander of title or need assistance with a current case, contact an experienced attorney in Miami at 305-570-2208.

You can also contact attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.