¶ 24 The Simpsons assert that, before Wilma came to stay with the Lenstroms, both Ralph and Lillie Lenstrom wanted the Simpsons to have David Lenstrom's farm. They argue that there was no credible evidence introduced to support a finding that Lenstrom did not understand that the document she signed was a land contract, nor was there credible evidence to support a finding that she was unduly influenced or coerced into signing the document. Lenstrom argues that there is substantial evidence in the record to support a finding that Lenstrom was adamant in not wanting to sell the farm. She argues that the evidence further supports a finding the Simpsons procured her signature through fraud and that they deceived her into believing that the farm had not been sold.
¶ 25 The elements of intentional misrepresentation are that: (1) the defendant made a representation of fact; (2) the representation was false; (3) the defendant made the representation knowing it was untrue or recklessly without caring whether it was true or untrue; (4) the representation was intended to deceive and induce the plaintiff to act upon it; and (5) the plaintiff believed the representation to be true and justifiably relied on it to his or her pecuniary damage. See WIS JI—CIVIL 2401; see also Tietsworth v. Harley-Davidson, Inc., 2004 WI 32, ¶13, 270 Wis. 2d 146, 677 N.W.2d 233; Kimberly Area School District v. Zdanovec, 222 Wis. 2d 27, 52, 586 N.W.2d 41 (Ct. App. 1998).
¶ 26 The court made the following findings of fact that relate to these elements. Ralph and the Simpsons were aware that Lenstrom was opposed to the sale of the farm. A lawyer drafted the document conveying the property at the request of Ralph and the Simpsons. Lenstrom was not advised of that arrangement. Ralph and the Simpsons went to the lawyer's office, leaving Lenstrom alone at home without telling her where they were going. Ralph and the Simpsons signed the contract at that time.
¶ 27 A few days later Ralph and Mr. Simpson took Lenstrom to a bank in Illinois and asked a bank officer there to notarize Lenstrom's signature on a document. The bank officer witnessed Lenstrom's signature but did not discuss the content of the document with her. From these events, the court concluded that there was little doubt that the reason for taking Lenstrom to the bank rather than taking her to the lawyer's office was because they knew that the lawyer would explain what she was signing and she would refuse to go along with the arrangement.
¶ 28 Lenstrom repeatedly testified that she would never agree to sell her son's farm. During a conversation between Ms. Simpson, Lenstrom and a relative, the relative asked whether the Simpsons had purchased the farm on a land contract. Ms. Simpson denied doing so and stated that they were merely renting to purchase. The relative then produced a copy of the land contract. Ms. Simpson became embarrassed and told Lenstrom that "I love you but I'll never be able to see you again." The circuit court concluded that:
This sequence of events makes it abundantly clear that Lillie did not realize that she had signed a land contract and did not intend to sell David's farm. In addition, it is absolutely clear th[at] Ms. Simpson was aware that they were deceiving Lillie with respect to the document she had signed and Ms. Simpson was continuing with that deception.
¶ 29 During this same period of time, Ralph transferred marital property valued at $160,000 to the Simpsons for the sum of $15,300. The Simpsons were aware that this was joint property and that Lenstrom did not consent to the transfer. The Simpsons also convinced Ralph to use marital funds in the amount of $2,391.20 to pay for propane gas for the farm property. Ralph also did this without Lenstrom's consent.
¶ 30 Mr. Simpson drafted a document prior to the signing of the land contract[8] promising to care for Lenstrom after the sale of the farm. The document provided as follows:
This letter is to assure our commitment to Ralph and Lillie Lenstrom. In accordance with their wishes we will do everything in our power to carry out the quality of their lives on the farm. We will continue to assist with personal needs as well as to help maintain the farms. With this agreement we hope to preserve Ralph[']s and [L]illie[']s lifestyle which they enjoy today. In the event that we are unable to provide this assistance[,] the contract to purchase the farm may be considered null and void. Any mon[ie]s will be returned at that time also. Signed this 18th day of October, 2004.
The document was not made part of the land contract. The circuit court concluded that the Simpsons used Ralph's concern that Lenstrom would not be cared for after his death to induce Ralph to sell the farm and personal property to them.
¶ 31 Lenstrom testified that she did not believe that she ever signed a land contract that conveyed the farm to the Simpsons. The Simpsons continually told Lenstrom that they were only renting the farm up until the point that they were confronted with a copy of the land contract.
¶ 32 We conclude that the circuit court's findings of fact are not clearly erroneous and support the circuit court's determination that the Simpsons made intentional misrepresentations to Lenstrom that deceived her into signing the land contract even though she did not intend to sell the farm, resulting in a sale at a price substantially below the property's real market value.