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A buyer and seller in Arkansas have a fully executed purchase agreement. Before closing, the buyer discovers the seller misrepresented the age of the roof, claiming it was 5 years old when it is actually 18 years old. The buyer wishes to rescind the contract. Under Arkansas law, which legal basis most directly supports the buyer's right to rescind?

Correct Answer

D) Fraudulent or material misrepresentation by the seller

When a seller knowingly makes a false statement about a material fact — such as the age of the roof — that induces the buyer to enter into the contract, this constitutes fraudulent or material misrepresentation. Under Arkansas law, the buyer may rescind the contract on this basis, as the misrepresentation goes to a material condition of the property and the buyer relied on it in agreeing to the purchase price.

Answer Options
A
Mutual mistake, because both parties were wrong about the roof's age
B
Failure of consideration, because the property is worth less than the purchase price
C
Impossibility of performance, because the roof cannot be made 5 years old
D
Fraudulent or material misrepresentation by the seller

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Related Topics & Key Terms

Key Terms:

misrepresentationrescissionmaterial_factseller_disclosurecontract_defects

Related Concepts

Liquidated damages are a predetermined amount of money specified in the contract that the non-breaching party is entitled to receive if the other party breaches. In real estate, the earnest money deposit typically serves as liquidated damages.

Novation is the substitution of a new contract for an existing one, or the replacement of one party with a new party, with the consent of all parties involved. The original party is completely released from all obligations.

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

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