Question
The McAllisters had several serious problems with their house, including leaks in the ceiling, a buckling wall, and dampness throughout. They repaired the buckling wall
The McAllisters had several serious problems with their house, including leaks in the ceiling, a buckling wall, and dampness throughout. They repaired the buckling wall by installing I-beams to support it. They never resolved the leaks and the dampness.
When they decided to sell the house, they said nothing to prospective buyers about the problems. They stated that the I-beam had been added for reinforcement. The Silvas bought the house for $60,000. Soon afterwards, they began to have problems with leaks, mildew, and dampness.
Did the McAllisters make an intentional misrepresentation of fact by telling the Silvas the I-beam was for reinforcement?
Did the McAllisters make a material misstatement when they told the Silvas that the I-beam was for reinforcement without mentioning the fact that the wall was buckling?
Are the Silvas entitled to any money damages? Why or why not?
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