Question
Steve agreed to sell his condominium unit to Dan for PhP 2M in a written contract signed by both parties. During negotiations, Steve told Dan
Steve agreed to sell his condominium unit to Dan for PhP 2M in a written contract signed by both parties. During negotiations, Steve told Dan that, although there was no sold parking along with the unit, he was allowed to park his car on an adjacent lot for Php10,000 a month. Steve stated that he had no reason to believe that Dan would not be able to continue that arrangement. Parking was important to Dan because the condominium was located in a congested urban area.
On April 1, 2021, the sale took place: Dan paid Steve Php2M. Steve gave the keys of the condominium unit to Dan, and Dan moved. He immediately had the entire unit painted, replaced some windows, and added a deck. The improvements cost PhP100,000 in all. He also spent PhP50,000 to remove the only bathtub in the condominium and to replace it with a shower, leaving the condominium with two showers and no bathtub.
On May 1, 2021 Dan discovered that the owner of the adjacent parking lot was about to construct an office building on it and was going to discontinue renting parking spaces. He also learned that Steve had known about these plans before the sale. He quickly investigated other options and discovered that he could rent parking a block away for Php5,000 a month. At the same time, he also found that, immediately before Steve had bought the condominium, the previous owner had been murdered on the premises. Steve had failed to tell Dan about the incident.
Dan has tried to sell the condominium but has been unable to obtain offers of more than PhP500,000, partly due to the disclosure of the murder and the lack of a parking space. Dan has sued Steve for fraud.
What remedies, in sales, can Dan reasonably seek? Discuss.
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