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A buyer enters a purchase agreement for a California condo after the seller provides written documentation overstating the unit's square footage by 200 square feet. The seller knew the figures were false at the time of disclosure. Which legal concept gives the buyer the right to cancel the contract?

Correct Answer

B) Fraud in the inducement, because the seller knowingly misrepresented a material fact to obtain the buyer's agreement

Under California Civil Code §§1571–1572, fraud occurs when a party intentionally misrepresents a material fact to induce another to enter a contract. Square footage is a material fact affecting value and the buyer's decision to contract. Because the seller knowingly provided false figures, this constitutes fraud in the inducement, rendering the contract voidable at the buyer's election under Civil Code §1566.

Answer Options
A
Mutual mistake of fact, because both parties relied on the same incorrect square footage
B
Fraud in the inducement, because the seller knowingly misrepresented a material fact to obtain the buyer's agreement
C
Undue influence, because the seller used the false documentation to pressure the buyer into signing
D
Failure of consideration, because the property delivered does not match what was promised

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Related Topics & Key Terms

Key Terms:

fraudmisrepresentationvoidable_contractCivil_Code_1571
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