Question
Sharon has been promoted to chief executive officer of her company and now needs an apartment suitable for elegant entertaining.After carefully inspecting a condominium apartment,
Sharon has been promoted to chief executive officer of her company and now needs an apartment suitable for elegant entertaining.After carefully inspecting a condominium apartment, Sharon asks Tamara, the seller, if the building is quiet. Sharon emphasized the importance of a quiet environment since she suffers from horrible migraine headaches that are triggered by exposure to loud noise. Tamara makes the following three claims about the apartment:
a.The unit is very quiet, since the condominium's bylaws (internal rules) established a noise curfew (cutoff) of 10 PM.
b.The rooftop patio is a very elegant venue and the perfect place to entertain
c.The neighbors are friendly and host an annual holiday party
Sharon bought the apartment. However, soon after she moved in, Sharon learned that the building had no formal rules regarding noise. Her next door neighbors play loud music late into the night.She did not find the rooftop patio elegant, and its furnishings are, in no way, of a high-end quality.In addition, the neighbors are not friendly and do not host an annual holiday party.
Sharon sought torescind the purchase of the apartment based on fraudulent misrepresentation.May she do so?Explain fully the legal basis of your decision and discuss fully all three pieces of information lettered a, b, and c above.
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