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A seller misrepresenting land firmness for building has a contract that is:

Correct Answer

D) Voidable by buyer (fraud)

When a seller commits fraud by misrepresenting material facts, the contract is voidable at the option of the defrauded buyer, who can choose to void or enforce it.

Answer Options
A
Void
B
Valid
C
Voidable by seller (mistake)
D
Voidable by buyer (fraud)
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Related Topics & Key Terms

Related Topics:

contract-formation-elementsmaterial-facts-disclosurerescission-contracts

Key Terms:

fraud in contractsvoidable contractmisrepresentationrescissionmaterial misrepresentation real estate

Related Concepts

Equitable title is the buyer's interest in a property after a purchase contract is signed but before closing, giving the buyer the right to acquire legal title in the future. The seller retains legal title until the deed is delivered at closing.

A financing contingency makes the purchase contract conditional upon the buyer obtaining mortgage approval within a specified time period. If the buyer cannot secure financing, they can cancel the contract and receive their earnest money back.

An inspection contingency gives the buyer the right to have the property professionally inspected within a specified time frame and to negotiate repairs or cancel the contract based on the findings.

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