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ContractsProperty_condition_disclosuresHARD

A seller in Illinois fails to disclose a known foundation crack that later causes $15,000 in repairs for the buyer. The buyer discovered the issue 6 months after closing. What is the buyer's likely legal recourse?

Correct Answer

B) Sue for fraudulent concealment and damages

The buyer can sue for fraudulent concealment when a seller knowingly fails to disclose material defects, seeking damages for repairs and other losses.

Answer Options
A
No recourse due to 'as-is' sale conditions
B
Sue for fraudulent concealment and damages
C
File a complaint with the Illinois Department of Real Estate
D
Void the sale and return the property to the seller

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Related Topics & Key Terms

Key Terms:

fraudulent_concealmentmaterial_defectspost_closing_remedies

Related Concepts

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.

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.

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