A seller knows the septic system fails after heavy rain and deliberately covers the evidence so the buyer will not discover it before closing. What kind of liability problem is this most likely?
Correct Answer
D) Fraudulent nondisclosure
Fraudulent nondisclosure is correct because the facts match the intentional concealment or failure to reveal a known material fact with the intent that another party rely on the omission. That is the best description of the relationship, right, or legal concept tested here.
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More Property Disclosures Questions
A builder warranty typically excludes:
Under TRID, the Loan Estimate replaced which older disclosure form that was previously provided to borrowers early in the loan process?
What is the primary purpose of the Loan Estimate form under TRID?
The Closing Disclosure must be provided to the borrower at least three business days before closing. If the closing is scheduled for Friday, and Saturdays and Sundays are not business days for this lender, when is the latest the borrower can receive the Closing Disclosure?
A borrower is buying a home and the lender requires escrow for property taxes and homeowners insurance. Where does the borrower find information about the initial escrow deposit required at closing?
- → What is the 'Annual Percentage Rate' (APR) as disclosed on the Loan Estimate and Closing Disclosure?
- → The Closing Disclosure replaced which two older disclosure forms that were previously used in residential mortgage transactions?
- → Under TRID, all of the following are included on Page 1 of the Loan Estimate EXCEPT.
- → Under TRID, all of the following pieces of information trigger the lender's obligation to provide a Loan Estimate EXCEPT.
- → A borrower wants to waive the three-business-day waiting period after receiving the Closing Disclosure because an emergency requires the borrower to move into the property immediately. Under TRID, can the borrower waive the waiting period?
- → A real estate agent is explaining TRID disclosures to a buyer. All of the following are on the Closing Disclosure EXCEPT.
- → A borrower is told by the lender that certain closing costs may change between the Loan Estimate and Closing Disclosure. Under TRID, which of the following fees has the strictest tolerance limit?
- → The Closing Disclosure includes an 'Other Costs' section. A borrower notices a charge for a home inspection that the borrower ordered independently. Who is responsible for this cost?
- → A borrower compares the Loan Estimate to the Closing Disclosure and notices that the recording fees increased by $50 from $350 to $400. Recording fees are set by the government. Under TRID tolerance rules, is this increase allowed?
- → A borrower receives a Loan Estimate and notices that the estimated title insurance fee is $1,200. At closing, the Closing Disclosure shows the title insurance fee is $1,400. The borrower was allowed to shop for title insurance from a list provided by the lender. Under TRID tolerance rules, is this increase permissible?
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A buyer keeps the property but sues for the measurable cost of repairing a defect that should have been disclosed. What type of remedy is the buyer seeking?
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A broker repeats incorrect square-footage information from an old flyer without checking county records, and the buyer relies on it. What liability theory best fits these facts?