In Ardis v. Cox, 314 S.C. 512, 515, 431 S.E.2d 267, 269 (Ct. App. 1993) the Court held: "To establish constructive fraud, all elements of actual fraud except the element of intent must be established." The Court stated: In order to prove [actual] fraud, the following elements must be shown: (1) a representation; (2) its falsity; (3) its materiality; (4) either knowledge of its falsity or a reckless disregard of its truth or falsity; (5) intent that the representation be acted upon; (6) the hearer's ignorance of its falsity; (7) the hearer's reliance on its truth; (8) the hearer's right to rely thereon; and (9) the hearer's consequent and proximate injury. Id. at 515, 431 S.E.2d at 269. "Neither actual dishonesty of purpose nor intent to deceive is an essential element of constructive fraud while intent to deceive is an essential element of actual fraud." Ardis, 314 S.C. at 516, 431 S.E.2d at 269-70. "The presence or absence of such an intent distinguishes actual fraud from constructive fraud." Id. at 516, 431 S.E.2d at 270. "However, in a constructive fraud case, where there is no confidential or fiduciary relationship, and an arm's length transaction between mature, educated people is involved, there is no right to rely." Id. at 516, 431 S.E.2d at 270. "A complaint is fatally defective if it fails to allege all nine elements of fraud." Ardis, 314 S.C. at 515, 431 S.E.2d at 269. "Where the complaint omits allegations on any element of fraud, the trial court should grant the defendant's motion to dismiss the claim." Id. In Ardis, this Court stated: The duty to disclose may be reduced to three distinct classes: (1) where it arises from a preexisting definite fiduciary relation between the parties; (2) where one party expressly reposes a trust and confidence in the other with reference to the particular transaction in question, or else from the circumstances of the case, the nature of their dealings, or their position towards each other, such a trust and confidence in the particular case is necessarily implied; (3) where the very contract or transaction itself, in its essential nature, is intrinsically fiduciary and necessarily calls for perfect good faith and full disclosure without regard to any particular intention of the parties. Ardis, 314 S.C. at 517, 431 S.E.2d at 270.