Author Question: Assent. Linda Lorenzo bought Lurlene Noel's home in 1988 without having it inspected. The basement ... (Read 90 times)

ishan · **on:** Jun 24, 2018

Assent. Linda Lorenzo bought Lurlene Noel's home in 1988 without having it inspected. The basement started leaking in 1989. In 1991, Lorenzo had the paneling removed from the basement walls and discovered that the walls were bowed inward and cracked. Lorenzo then had a civil engineer inspect the basement walls, and he found that the cracks had been caulked and painted over before the paneling was installed. He concluded that the wall failure had existed for at least thirty years and that the basement walls were structurally unsound. Does Lorenzo have a cause of action against Noel? If so, on what ground? Discuss.

Question 2

If a payment amount is not specified in the agency agreement, a principal's duty to compensate means that the principal must pay the agent:
a. however much the agent's attorney demands b. at least half the customary rate
c. for the rational value of the services provided d. however much the agent demands
e. none of the other choices are correct

paavo · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Assent
Lorenzo based her suit against Noel on fraudmisrepresentat ion by nondisclosure. The court granted Noel's motion for summary judgment, and Lorenzo appealed. The state appellate court reversed the lower court's judgment and remanded for a determination as to whether Noel had fraudulently concealed from Lorenzo the existence of the bowed walls and wet basement. The court explained that a seller's surrender of title and possession of property shifts all responsibility for the land's condition to the purchaser for any harm due to defects existing at the time of sale, with two exceptions. The exception that applied in this case arises from the seller's duty to disclose to the purchaser any concealed condition, of which the seller knows, that involves an unreasonable danger. Knowledge of a defect on the part of the purchaser relieves the seller of any duty.

Answer to Question 2

e