- concealed or suppressed a material fact;
- had knowledge of this material fact;
- that this material fact was not within reasonably diligent attention, observation, and judgment of the plaintiff;
- that the defendant suppressed or concealed this fact with the intention that the plaintiff be misled as to the true condition of the property;
- that the plaintiff was reasonably so misled; and
- that the plaintiff suffered damages as a result.
[Last updated in January of 2023 by the Wex Definitions Team]