PlainLanguage.us
Try the demo

Representation — in plain language

a statement of fact that someone makes to get you to agree to something — if the statement turns out to be false, you may have legal recourse

From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust

Plain language

a statement of fact that someone makes to get you to agree to something — if the statement turns out to be false, you may have legal recourse

  • statement of fact
  • assertion of truth
  • promise about facts

What to watch for

  • In contracts, 'representation' is often paired with 'warranty' — they are related but different. A representation is a statement of existing fact; a warranty is a promise that the statement will remain true. The plain-language translation should distinguish these.
  • Non-lawyers often confuse 'representation' (the statement itself) with 'right of representation' (inheritance). These are completely different concepts that happen to share a name.
  • The everyday meaning of 'standing in for someone' (like a lawyer representing a client) is different from the contract meaning (a statement of fact). Context determines which meaning applies.
  • Statements like 'makes no representation as to condition' are often misunderstood as complete disclaimers. They typically mean 'we are not making any promises about this' rather than 'we guarantee nothing is wrong.'

Distinguishing from Similar Terms. Representation and warranty are often paired but serve different purposes. A representation is a statement about current facts (the building is structurally sound), while a warranty is a promise about future performance (the building will remain structurally sound). Misrepresenting one as the other can change the legal effect significantly.

Context-Dependent Meaning.

  • The word "representation" has three distinct legal meanings depending on context:
  • Contracts: A statement of fact used to induce agreement
  • Probate: The right of an heir to inherit in place of an ancestor
  • Legal practice: Acting on behalf of another (attorney representation)

Always check the surrounding context to determine which meaning applies.

Common Misunderstandings by Non-Lawyers.

  • "'No representation' means they guarantee everything is perfect." (Actually, it usually means they are making no promises at all.)
  • "If someone lied, that's always a problem with representation." (Only if the statement was actually a representation in the contract — not all statements qualify.)
  • "My lawyer representing me is the same as the company making representations to me." (Completely different concepts — one is acting on your behalf, the other is making factual promises.)

What to Watch For.

  • Boilerplate phrases: "Represents and warrants" often appear together — translate both parts accurately.
  • Disclaimers: "No representation" clauses are often attempts to limit liability, not complete disavowals of knowledge.
  • Materiality: Many representations only matter if they are "material" (important enough to affect the decision to agree). The plain-language version should note if this limitation applies.

A statement of fact that one party makes to another when entering into an agreement. In contracts, representations are promises about the truth of certain facts — like saying a property has good title or a business is profitable. If these statements turn out to be false, the other party may have legal remedies. Representations are different from warranties: a representation describes current facts, while a warranty promises that facts will remain true in the future.

Meanings by context

probate law: When a parent dies, their child can take their place in inheriting property — the child represents the parent's position in the family line.

legal practice: Acting for someone else in a legal or business matter — like a lawyer speaking for a client in court.

Examples

Legal: Borrower represents and warrants that all financial statements have been prepared in accordance with generally accepted accounting principles.

Plain: The borrower promises that the financial statements are true and accurate, and that they will continue to be prepared correctly in the future.

Legal: The Seller makes no representation or warranty as to the condition of the Premises or the building.

Plain: The seller is not promising anything about the condition of the property — they are saying they don't know if there are problems.

Where you'll see it

  • contracts and agreements
  • court proceedings
  • probate proceedings
  • insurance policies
  • warranty
  • misrepresentation
  • fraud
  • right of representation
  • attorney representation

Word details

Pronunciation
rep-ri-ZEN-tay-shun
Part of speech
noun
Origin
Latin — from 'repraesentare' — to present, show, or exhibit
Domains
contract law, evidence law, probate law, legal practice
Frequency
very common
Formality
moderate

Have a whole document? Paste it at plainlanguage.us — every legal term explained at once. Free, no signup.

Need this as JSON? The Developer API returns definition cards with exact offsets — $0.0025/operation. → /docs