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

Quizplus · Accepted Answer

Laverne had a duty to disclose the termite infestation to potential buyers, and failing to do so can make her liable for any damages caused by the undisclosed defect. Shirley could argue that Laverne breached this duty, and therefore, she is entitled to either rescind the contract or recover damages for the cost of repairing the termite damage. The implied warranty of habitability does not apply to this situation as it only pertains to rental properties, not sales. A partition action relates to co-owned property and is not relevant here. Profit is not a legal claim.

Laverne Knew That Her House Was Infested with Termites