Question
Case: The Peters had been transferred to a new city and had to sell their home before leaving . They received a full-price offer that
Case: The Peters had been transferred to a new city and had to sell their home before leaving . They received a full-price offer that included a warranty that the home had not been insulated with urea-formaldehyde . Shortly before closing, the purchasers came by the home to measure the attic opening and discovered that the home was, in fact, insulated with urea-formaldehyde . This was unknown to the Peters, who had not asked or obtained a warranty when they purchased the home from a construction company several years before . As a result , the purchasers refused to buy the home and the Peters were forced to delay their move and incur considerable expense . The Peters sued the construction company for deceit , claiming that it had induced them to purchase the home but had kept the existence of the insulation secret . The Peters had inspected the house before they purchased it and their agreement specifically excluded any representations and warranties that were not expressly stated in the agreement .
Discuss the nature of Peters ' claim and the defenses , if any , that might be raised . What would be the likely outcome?
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