Stephen and Martha have spent months looking for their dream home. One day they saw it and fell in love with everything about the house, and they asked the realtor to draw up a purchase agreement, which they then signed. After signing the papers, they
asked the realtor whether the house was in good shape. The realtor said it was. When the couple moved into the house, they realized that the basement had serious water problems and that the roof leaked. They now want to sue the realtor. What tort should they consider? If they sue the realtor for this tort, will they win? Why or why not? Explain.
The couple should consider the tort of misrepresentation, but they will have difficulty unless they can prove the realtor breached his fiduciary duty to them by failing to make full disclosure. The purchasers did not rely on this misrepresentation regarding the condition of the house, because they had already signed the purchase agreement.
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