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ContractsRemedies For BreachHARD

An Indiana buyer who discovers a material defect that the seller knowingly failed to disclose may:

Correct Answer

B) Sue for damages, seek rescission of the contract, or both

A buyer who discovers a material defect that was knowingly concealed by the seller has civil remedies including suing for damages and potentially seeking rescission (cancellation) of the sale.

Answer Options
A
Only accept the property
B
Sue for damages, seek rescission of the contract, or both
C
File a complaint with IREC but has no civil remedy
D
Demand the seller pay double the repair cost

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Related Topics & Key Terms

Related Topics:

seller disclosure violationsfraud and misrepresentationrescissionIndiana Deceptive Consumer Sales Actmaterial defects

Key Terms:

material defectseller concealmentrescissiondamagesIndiana disclosure lawfraud

Related Concepts

Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.

Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.

A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.

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