While buying some land, Mike asked the seller's solicitor if there were any restrictive covenants on the land; the solicitor said he did not know of any. What the solicitor failed to mention was that he had not bothered to read the documents. This failure on the part of the solicitor to disclose the state of affairs to Mike amounts to:
A) misuse of relationship marketing.
B) sales puffery.
C) misrepresentation.
D) a warranty of fact.
E) a statement of fact.

Question

Quizplus · Accepted Answer

Misrepresentation occurs when a false statement of fact has been made which induces the other party to enter into a contract. In this case, the solicitor's failure to disclose his lack of knowledge due to not reading the documents can be considered a misrepresentation, as it misled Mike regarding the existence of restrictive covenants on the land.

While Buying Some Land, Mike Asked the Seller's Solicitor If