Laverne knew that her house was infested with termites. Nevertheless, Laverne listed her house for sale by owner. Shirley had been looking for the perfect house for months now. She was about to give up the search when she decided to stop at Laverne's open house one Sunday afternoon. Shirley fell in love with the house, the yard, and the neighborhood. Shirley was so excited about buying this house that she did not bother to hire an attorney, hire a company to conduct a termite inspection, or talk to the neighbors about the condition of the house. Within six months after buying the house, the front porch started to crumble, exposing the rotten wood destroyed by termites. The neighbors confirmed that Laverne had mentioned that the house was infested with termites. Shirley wants out of the deal or money to repair the termite damage. Shirley's claim against Laverne would most likely be based on:

Question

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Laverne had knowledge of the termite infestation, which could be considered a defect in the house. As a seller, Laverne had a duty to disclose this information to Shirley before the sale. Shirley could argue that if she had known about the infestation, she would not have purchased the house, and therefore Laverne breached her duty to disclose. This would be the basis for Shirley's claim against Laverne.

Laverne Knew That Her House Was Infested with Termites