In Hawaii, fraud can be committed by a misrepre-sentation, concealment or nondisclosure. A misrepresentation is committed when someone falsely states an existing fact to you. Concealment is where someone does an act to keep you from knowing an existing fact. Nondisclosure is where someone does not tell you an existing fact. Also, depending on the facts and circumstance of your particular case, the law does recognize other types of fraud.

In addition the above types of fraud, numerous federal and state statutes have "anti-fraud" provisions to protect you against fraud. As an example, in the sale of securities, federal and state securities laws have "anti-fraud" provisions that protect you in securities transactions. As another example, Hawaii's condominium law has "anti-fraud" provisions to protect you when you purchase a condominium.

If you are a victim of a fraud, you have the right to recover your damages against the person or company who committed the fraud in a common law fraud action. In a common law fraud action, fraudulent conduct is difficult to discover and prove. Depending upon the statute that applies, a statutory fraud action based upon an "anti-fraud" provision is often easier to prove.

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