Leona was interested in purchasing property that she intended to use for her family’s expanding…

Leona was interested in purchasing property that she intended to use for her family’s expanding brickyard business. She spoke with the owner, who had recently inherited the property from his elderly aunt. Leona asked if there were any restrictions on the land preventing it from being used as a brickyard. The owner replied, “Not that I am aware of.” Though this was literally true, the owner failed to explain that he had never checked whether the land was subject to any restrictions. Leona purchased the land and has found out that it cannot be used as a brickyard. Can she have the contract rescinded based on misrepresentation? Why or why not?

 

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