In selling a house, Matt tells Ann that the wiring, fixtures, and appliances are

ID: 1162644 • Letter: I

Question

In selling a house, Matt tells Ann that the wiring, fixtures, and appliances are of a certain quality. Matt knows nothing about the quality, but it is not as specified. Ann buys the house. On learning the true quality, Ann confronts Matt. He says he wasn’t trying to fool her, he was only trying to make a sale. Can she rescind the deal? Why or why not? In selling a house, Matt tells Ann that the wiring, fixtures, and appliances are of a certain quality. Matt knows nothing about the quality, but it is not as specified. Ann buys the house. On learning the true quality, Ann confronts Matt. He says he wasn’t trying to fool her, he was only trying to make a sale. Can she rescind the deal? Why or why not?

Explanation / Answer

Yes she can rescind the deal and the recission may be granted on the basis of fradulent misrepresentation. In this case scienter exists because Matt makes the statement about certain quality furnitures recklessly without even knowing nothing about the quality i.e. the statement is made without regard to wheather it is true or false. The Intent to scienter is an element of fraudulent misrepresentation. Therefore, recission may be granted.

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In selling a house, Matt tells Ann that the wiring, fixtures, and appliances are

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