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MMLU / The seller owned a home that was listed for sale. The basement flooded whenever…

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question

The seller owned a home that was listed for sale. The basement flooded whenever it rained heavily €” there were marks along the entire basement wall that showed the level of the flood waters, and there were thin but distinct lines in the wall that were actual cracks in the foundation. The seller painted most of the interior of the house, including the basement walls, and plastered the fracture lines, which obliterated the flood marks and fracture marks. A buyer purchased the home after inspecting the basement and seeing no signs of flooding. After the first heavy rain the problem was revealed. Can the buyer sue the seller for damages or to set the sale aside?

choices

  1. No, the buyer always buys a used home "as is."
  2. No, the seller has no duty to reveal defects in the property.
  3. Yes, the seller has a duty to make adequate disclosure of the known facts with respect to material defects.
  4. Yes, the seller is a guarantor that there are no major structural defects.

subject

professional_law

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