Negligent misrepresentation occurs when a party, often a real estate agent or seller, provides incorrect information without intending to deceive, but fails to exercise proper care in verifying its accuracy, leading the other party to rely on this information to their detriment. In Jamaica, negligent misrepresentation in real estate can arise when an agent mistakenly tells a buyer that a property is free from flood risk without checking updated zoning or environmental reports, resulting in unexpected costs for the buyer if flooding later occurs. This type of misrepresentation is generally considered less severe than intentional misrepresentation because it lacks intent to deceive; however, it still carries legal consequences as it breaches the agent’s duty of care to provide accurate information. Globally, negligent misrepresentation is actionable when the agent or seller had a responsibility to know or verify the facts—such as the structural integrity of a property or its compliance …
