Broker Betty advertises that the famous architect Art Chitect designed Wanewright House. Peter Purchaser enters into a purchase agreement to buy Wanewright House. A further-approval contingency that allows the buyer to either confirm the broker’s representation or cancel the transaction is not included in the purchase agreement. The Betty Broker’s representation is considered fact.
Before closing escrow, the Peter Purchaser learns that no evidence exists to prove that Art Chitect designed Wanewright House. Betty Broker recommends the buyer cancel escrow, which the buyer refuses to do. After escrow closes, Peter Purchaser seeks to recover money from the broker for the diminished value of the home due to the misrepresentation concerning the design of Wanewright House.
Betty Broker claims that Peter Purchaser is not entitled to recover any money since he proceeded to close escrow with the knowledge that no proof existed that the architect designed the home.
Agents have been sued successfully over less, all material facts whether known or otherwise but could be known by a diligent search are under the passive fraud description. Betty was acting on or sharing unverified information. A decent agent would have made the owner provide proof of such a claim before using it to entice a buyer. Peter assumed he could close and go after recourse but will fail. Sort of like going on a green light before the last car clears the intersection and assuming its their fault for running a red light. Still it is unclear that Art Chitect did or did not design the house because you said no proof exists but did not state whether there is proof of who actually did design the residence. In closing I would point out that many real estate agents are over embellishes of the truth and are lucky people don’t go after them for the rampant fraud they do commit. A Realtor with decency would have cleared up this issue and protected themselves with proper contingency addenda. A typical real estate agent might not be so skilled however. There is big a difference between being an agent and a Realtor, besides the obvious membership in the NAR.