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21 January, 23:44

Linda Lorenzo bought Lurlene Noel's home in 1988 without having it inspected. The basement started leaking in 1989. In 1991, Lorenzo has the paneling removed from the basement walls and discovered that the walls were bowed inward and that the cracks had been caulked and painted over before the paneling was installed. He concluded that the walls were "structurally unsound". Does Lorenzo have a cause of action against Noel? If so what? And will he win?

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  1. 21 January, 23:54
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    Answer: (1) Yes Lorenzo have a cause of action against Noel (2) Lorenzo will be allowed by law to rescind the contract and recover his money (3) Yes, he will win the case.

    Explanation:

    A contract of sale can be defined as an agreement between the seller and the buyer in which the seller and the buyer agree to exchange the property in good for a consideration known as money. In a contract for the sale of goods, there is a provision that, when there is a sale of goods by description, then the goods must meet the description and if the sale is by sample, then such sale must also meet the sample. Another provision of the contract of sale is that, the property in good must be fit for the purpose it was bought in the first instance vis - a - vis the good must be free from any defect. Therefore, in the case under review, Lorenzo have a cause of action against Noel, because Noel sold a home that is full of defect to Linda Lorenzo. The home is not fit for the purpose it was bought by Lorenzo. As a result of this, since Lorenzo bought the home without seeing it, Lorenzo believed that the home will be in good condition. then Lorenzo will be allowed by law to rescind the contract and recover his money. Lorenzo had a good chance of winning the case, if the case is brought before the court of law.
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