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Zhou Listed a Commercial Lot for Sale, Describing the Land

Question 61

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Zhou listed a commercial lot for sale, describing the land as being zoned for commercial/residential occupation.Dalvi, who was looking to build a funky billiards bar with condos above, inquired about Zhou's lot.Throughout their negotiations Zhou maintained that the law would allow the purchaser to use the lot for both commercial and residential purposes, and understood that the consequences of the zoning law were critical to Dalvi's business plan.Induced by this, Dalvi subsequently decided to buy the property.After buying the property, Dalvi learned that the land was not zoned as residential and that he was not permitted to build condos above the billiards bar.He sued Zhou, arguing that the inducing statement was actionable as misrepresentation.Will Dalvi succeed in his action? Why?

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