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IV. Benny Bialy and his wife. Megan Muffin just became the proud parents of triplets ("Poppy, Sesame and Blueberry"). They are looking to relocate their residence because the noise from their partying upstairs neighbors wakes the babies up at night and Benny gets up at 4 am each morning to go to work as a bagel baker. Benny and Megan see a listing in the newspaper advertising an "Open House" for the sale of a three (3) bedroom condominium unit ("Unit") located in a "quiet and serene neighborhood". Benny and Megan attend the Open House where they meet the Seller, Sleazy Sam, and his Real Estate Agent, Lying Lucy. They tour the Unit and advise Sleazy Sam and Lying Lucy several times of their need for a peaceful and quite unit due to noise waking the babies and Benny's need for sleep due to his early morning job. Lying Lucy is very familiar with the condominium building having sold Sleazy Sam the Unit and having sold other units within the building and assures Benny and Meagan that the Unit is located within a quite family friendly building and is just the type of peaceful unit they are seeking with never a problem. Sleazy Sam then chimes in that "The walls are well insulated, and you never hear a peep of noise from the surrounding neighbors - you should all sleep like babies". Benny and Megan then proceeded to purchase the Unit from Sleazy Sam and moved into the Unit with the triplets. Commencing on their first night living in the Unit and continuing almost nightly thereafter, the whole family was awakened by loud music, partying noise, and unsightly odors emanating from the adjacent condominium unit. They learn from Dave the Doorman that Heavy- Metal is the tenant occupying the adjoining condominium unit which is also owned by Sleazy Sam. In fact, Dave the Doorman tells them that Sleazy Sam had tried to evict Heavy-Metal in the past do to his partying ways, but instead they reached a compromise allowing Sleazy Sam to increase the rent instead. Can Benny Bialy and Megan Muffin commence an action to seek recession of the purchase of the condominium Unit from Sleazy Sam? If so, what is the basis for their claim and what must they prove to be successful in their litigation? 40000/0125-20395925 6As the listing Broker, what duty does Lucy have to Benny and Megan and what duty does Lucy have to Sam? Can Benny Bialy and Megan Muffin maintain an action against Lying Lucy? If so, what is the legal basis for their cause of action and what must they prove in order to be successful in their litigation? If successful in their suit against Lying Lucy what damages, if any, would Benny and Megan be entitled to