James L."Skip" Dupree, a real estate developer, was building a new development of townhouses called "Point South" in Destin, Florida. All the townhouses in the development were to have individual boat slips. Sam and Lois Butler, husband and wife, bought one of the townhomes. The sales contract (the contract price was $675,000) between Dupree and the Butlers provided that a boat-slip would be built and was included in the price of the townhouse. The contract provided that permission from the Florida Department of Natural Resources (DNR) had to be obtained to build the boat-slips. The contract did not provide who would secure such permission.It is an undisputed fact that a boat-slip substantially adds to the value of the property, and that the Butlers absolutely wanted the boat-slip in conjunction with the townhouse.

Closing of the contract was set for January 15, 2019. On December 17, 2018 Dupree was notified by DNR that it objected to the plan to build the boat-slips and that permission to build them would probably not be forthcoming. DNR objected on the grounds that the boat-slips and the boats and jet-skis that come as a result of the slips, would endanger the habitat of the Florida manatees and other endangered wildlife and fish in the waterway. There was an appeal process thru DNR and US Fish and Wildlife, but the cost would be around $50,000 and there was no guarantee that the boat-slip construction would be approved.

Dupree never told the Butlers any of this information. At one point, right before the contract was signed on December 1, 2018 the Butlers asked if there would be any problem getting approvals for the boat-slips and Dupree said "No problem whatsoever." The Butlers purchased the townhouse on January 15, 2019.On March 1, 2019 they were informed by DNR that DNR objected to the plan to build a boat-slip and were informed of the appeal process.

The Butlers sued Dupree for fraud. The trial court found that there was no fraud on the part of Dupree. The Butlers appeal. You are the judge assigned to write the majority opinion.Did Dupree commit fraud? Why or why not? Give arguments that both sides will make.