The Buyer argued that the owner and the Listing Broker were liable for fraud and / or
negligent misrepresentation because the picture used in the MLS showed the wrong property.
Not exact matches
Arguably, if the sites provided the information without making clear that it might not be current
because records were expunged or corrected, there might be a claim for
negligent misrepresentation, false light, or even defamation, but I seriously doubt that even those claims would hold up.
The plaintiff also claimed a longer notice period
because the defendant, allegedly, had induced the plaintiff to leave secure employment by making fraudulent or
negligent misrepresentations about the job security that the plaintiff would enjoy.
There was no
negligent misrepresentation by the landlord for not voluntarily disclosing the exclusivity provisions,
because the tenant and its principal never indicated they were going to sell giftware or clothing.
However, the purchasers»
negligent misrepresentation claim failed
because of lack of evidence that they relied on the vendors» representations when they closed the transaction.
Also
because buyers tend to think of you as an expert — even though you aren't legally expected to have special knowledge about mold and, therefore, shouldn't offer opinions on mold's potential risk — you could be sued for negligence or
negligent misrepresentation.
The appellate court ruled that the Investors could not invoke the arbitration clause
because the Investors were not a party to the contract with KPMG, and so the court stated that the Investors could not compel arbitration of the consumer fraud violations and the
negligent misrepresentation claims.