A buyer was negotiating the purchase of a house with the seller. The seller knew that the buyer was originally from another country and still had great affinity for his home country. Believing it to be true, the seller told the buyer that the granite countertops in the kitchen were made from granite mined in the buyers home country. The seller was innocently mistaken. The granite was actually mined in a neighboring country, a fact that made no difference as to the quality of the granite. The sellers statement that the granite was from the buyers home country induced the buyer to purchase the house. The buyer later learned that the granite had not been mined in his home country and sought to void the contract. Is the court likely to refuse to enforce the contract based on the sellers statement about the granites origin?

a) Yes, because the statement was a fraudulent misrepresentation.

b) Yes, because the statement was known to be likely to induce the buyers assent