On January 1, 2019, Vlad listed for sale his real property. Vlad contracted with Igor to be his listing agent. The written agreement between Vlad and Igor, signed on January 1, 2019, gave Igor the exclusive right to find a buyer for the property, an extremely old castle located in a remote mountainous region, for a period of 90 days. Together, they prepared an advertisement depicting the castle's various furnished rooms, although Vlad indicated to Igor that we wasn't sure whether he would include all of the fixtures (items of personal property which are attached or otherwise part of the land or structure) as part of the sale. Due to the castle's inaccessibility, deteriorated condition, and general gloominess, Igor was unable to secure a single potential buyer before the agreement expired. Nevertheless, Igor continued to show the property after the 90-day period hoping for a sale and badly needed commission even though the listing agreement was expired and not renewed. Finally, in April, Bela expressed an interest in purchasing the property. He was impressed with the castle's remoteness and dreariness. Of particular interest to him were certain fixtures pictured in the advertisement which he received from Igor when they met upon a chance encounter at the Red Cross Blood Bank. These fixtures included an operating table secured to the floor; surgical light; and various forms of expensive, state-of-the art electrical equipment. The castle's location combined with the fixtures made for the perfect environment for Bela to conduct his work at home. Igor showed Bela the castle numerous times. (It is unclear whether Vlad was aware of these showings. It is clear, however, that Vlad did not execute any other listing agreements.) Each time, Bela told Igor how impressed he was with the fixtures. He said that the fixtures, combined with the castle's location and apparent continual lack of sunshine, would allow him to quit his day job and resume his work there. Igor (a man of few words) simply said that he understood. Finally on July 13, 2019, Vlad and Bela executed a purchase agreement which was prepared by Igor. The agreement covered the scope of the transaction, setting forth what was Finally on July 13, 2019, Vlad and Bela executed a purchase agreement which was prepared by Igor. The agreement covered the scope of the transaction, setting forth what was being conveyed in the sale. In pertinent part, it stated as follows: It is understood that this property is being purchased in its present condition, "AS IS" and that it will be in substantially the same condition at the time of closing as when this Purchase Agreement is signed. This Agreement supersedes any and all understandings and agreements and constitutes the entire agreement between the parties hereto and the listing agent and no oral representations or statements shall be considered a part hereof. Purchaser and Seller acknowledge that no representations, promises, guarantees, or warranties of any kind were made by the listing agent. Purchaser and Seller hereby release listing agent with respect to all claims arising out of the performance of this Purchase Agreement and all claims arising by virtue of any purported representations to Purchaser as to the condition of the property. Before signing the agreement, Bela again stated that he couldn't wait to move in to the castle and resume his work. Igor said nothing. Also, before signing, Bela wondered aloud whether he should sign before having the castle inspected. He then dismissed the idea saying, "Ah, who cares? I'm sure it will be fine." Neither side was represented by an attorney. Bela took possession of the property on August 13, the closing date. To his great dismay and surprise, he discovered that the fixtures he so greatly desired were removed from the castle. He immediately contacted Vlad and asked for the fixtures in the operating room to be returned because he needed them as this was the location for his new job. Vlad refused, stating that the fixtures were not part of the sale. After investigating, Bela determined that, between Jure 13 and July 13, in the dead of night, Vlad caused the fixtures to be removed and transported to Hollywood for use as props in a horror movie. It is not known whether Igor was aware of this on the date the agreement was signed. The parties do not dispute any of these facts. You are a junior associate in a law firm. Bela has spoken with a senior partner regarding what happened. The partner has come to you stating the possibility of filing a lawsuit against Vlad alleging that he is liable for Igor's fraudulent misrepresentation. (Vlad, being a member of the nobility, has all the money.) You are te assess the likelihood of being able to prove that Igor committed fraudulent misrepresentation, and, if he did, what is the likelihood of Vlad being liable under the law of agency. To answer these questions, you should first apply the elements of fraudulent misrepresentation to the facts and determine whether Igor committed fraudulent misrepresentation. Next, based on the facts provided, determine whether an agency relationship existed at the time the purchase agreement was signed and, if so, the type of authority Igor possessed. In addressing this question, you are also to discuss any potential response which could be used to defeat a claim by Vlad that no agency relationship existed. The partner is also concerned that Bela might lose the case. Therefore, you are also to assess the likelihood of Vlad prevailing. In so doing, you should discuss the likelihood of showing that there was no fraudulent misrepresentation and that no agency relationship existed at the time the purchase agreement was signed or that it was terminated prior to that time. On January 1, 2019, Vlad listed for sale his real property. Vlad contracted with Igor to be his listing agent. The written agreement between Vlad and Igor, signed on January 1, 2019, gave Igor the exclusive right to find a buyer for the property, an extremely old castle located in a remote mountainous region, for a period of 90 days. Together, they prepared an advertisement depicting the castle's various furnished rooms, although Vlad indicated to Igor that we wasn't sure whether he would include all of the fixtures (items of personal property which are attached or otherwise part of the land or structure) as part of the sale. Due to the castle's inaccessibility, deteriorated condition, and general gloominess, Igor was unable to secure a single potential buyer before the agreement expired. Nevertheless, Igor continued to show the property after the 90-day period hoping for a sale and badly needed commission even though the listing agreement was expired and not renewed. Finally, in April, Bela expressed an interest in purchasing the property. He was impressed with the castle's remoteness and dreariness. Of particular interest to him were certain fixtures pictured in the advertisement which he received from Igor when they met upon a chance encounter at the Red Cross Blood Bank. These fixtures included an operating table secured to the floor; surgical light; and various forms of expensive, state-of-the art electrical equipment. The castle's location combined with the fixtures made for the perfect environment for Bela to conduct his work at home. Igor showed Bela the castle numerous times. (It is unclear whether Vlad was aware of these showings. It is clear, however, that Vlad did not execute any other listing agreements.) Each time, Bela told Igor how impressed he was with the fixtures. He said that the fixtures, combined with the castle's location and apparent continual lack of sunshine, would allow him to quit his day job and resume his work there. Igor (a man of few words) simply said that he understood. Finally on July 13, 2019, Vlad and Bela executed a purchase agreement which was prepared by Igor. The agreement covered the scope of the transaction, setting forth what was Finally on July 13, 2019, Vlad and Bela executed a purchase agreement which was prepared by Igor. The agreement covered the scope of the transaction, setting forth what was being conveyed in the sale. In pertinent part, it stated as follows: It is understood that this property is being purchased in its present condition, "AS IS" and that it will be in substantially the same condition at the time of closing as when this Purchase Agreement is signed. This Agreement supersedes any and all understandings and agreements and constitutes the entire agreement between the parties hereto and the listing agent and no oral representations or statements shall be considered a part hereof. Purchaser and Seller acknowledge that no representations, promises, guarantees, or warranties of any kind were made by the listing agent. Purchaser and Seller hereby release listing agent with respect to all claims arising out of the performance of this Purchase Agreement and all claims arising by virtue of any purported representations to Purchaser as to the condition of the property. Before signing the agreement, Bela again stated that he couldn't wait to move in to the castle and resume his work. Igor said nothing. Also, before signing, Bela wondered aloud whether he should sign before having the castle inspected. He then dismissed the idea saying, "Ah, who cares? I'm sure it will be fine." Neither side was represented by an attorney. Bela took possession of the property on August 13, the closing date. To his great dismay and surprise, he discovered that the fixtures he so greatly desired were removed from the castle. He immediately contacted Vlad and asked for the fixtures in the operating room to be returned because he needed them as this was the location for his new job. Vlad refused, stating that the fixtures were not part of the sale. After investigating, Bela determined that, between Jure 13 and July 13, in the dead of night, Vlad caused the fixtures to be removed and transported to Hollywood for use as props in a horror movie. It is not known whether Igor was aware of this on the date the agreement was signed. The parties do not dispute any of these facts. You are a junior associate in a law firm. Bela has spoken with a senior partner regarding what happened. The partner has come to you stating the possibility of filing a lawsuit against Vlad alleging that he is liable for Igor's fraudulent misrepresentation. (Vlad, being a member of the nobility, has all the money.) You are te assess the likelihood of being able to prove that Igor committed fraudulent misrepresentation, and, if he did, what is the likelihood of Vlad being liable under the law of agency. To answer these questions, you should first apply the elements of fraudulent misrepresentation to the facts and determine whether Igor committed fraudulent misrepresentation. Next, based on the facts provided, determine whether an agency relationship existed at the time the purchase agreement was signed and, if so, the type of authority Igor possessed. In addressing this question, you are also to discuss any potential response which could be used to defeat a claim by Vlad that no agency relationship existed. The partner is also concerned that Bela might lose the case. Therefore, you are also to assess the likelihood of Vlad prevailing. In so doing, you should discuss the likelihood of showing that there was no fraudulent misrepresentation and that no agency relationship existed at the time the purchase agreement was signed or that it was terminated prior to that time