A seller gives answers to enquiries before contract that turn out to be untrue about boundary disputes. The buyer relies on them. Which statement is best?
Answer and explanation
Correct answer: B. The buyer may have a claim in misrepresentation
- Step 1: Caveat emptor applies to physical condition where no statement is made.
- Step 2: False replies to enquiries are statements that may found a misrepresentation claim.
Answer
The buyer may have a claim in misrepresentation.
Why not the others: Caveat emptor does not cover false statements; deeds are not required; the seller is liable for statements.
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