The Peters Had Been Transferred to a New City and Had

Essay

The Peters had been transferred to a new city and had to sell their home before leaving.They received a full-price offer that included a warranty that the home had not been insulated with urea formaldehyde.Shortly before closing,the purchasers came by the home to measure the attic opening and discovered that the home was,in fact,insulated with urea formaldehyde.This was unknown to the Peters,who had not asked or obtained a warranty when they purchased the home from a construction company several years before.As a result,the purchasers refused to buy the home and the Peters were forced to delay their move and incur considerable expense.The Peters sued the construction company for deceit,claiming that it had induced them to purchase the home but had kept the existence of the insulation secret.The Peters had inspected the house before they purchased it and their agreement specifically excluded any representations and warranties that were not expressly stated in the agreement.Discuss the nature of the Peters' claim and the defences,if any,that might be raised.What would be the likely outcome?