Question
Sandra attended an open house held by Adele, the listing representative, at a lovely Tudor Style home. Sandra loved the house but the price was
Sandra attended an open house held by Adele, the listing representative, at a lovely Tudor Style home. Sandra loved the house but the price was at the very limit of her budget, so she wanted to be certain there would be no major repairs necessary to the house. She explained her concerns to Adele who immediately said, "Don't worry, this house is as solid as the rock of Gibraltar, it is in A-1 mechanical shape!" Six months after Sandra bought the house, the foundation on one side collapsed involving $15,000 worth of repairs to make the house habitable. Which of the following statements is/are TRUE?
- Adele cannot be liable to Sandra because Adele was the agent of the vendor and not the agent of the purchaser.
- Adele's comments to Sandra involved opinions and not statements of fact and therefore no liability for negligent misrepresentation can be imposed on Adele.
- On the basis of the facts in this problem, Adele may very likely be liable to Sandra for negligent misrepresentation.
- If Adele had told Sandra that she should not rely on Adele's opinion because Adele did not have knowledge of the condition of the house, then Sandra could not hold Adele liable for negligent misrepresentation.
- (1)A, B, and D only
- (2)C and D only
- (3)C only
- (4)B and D only
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