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Saturday, 24 August 2019
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This Old House - Do-it-Yourself

A seller sued a broker for misrepresentation of a material fact that the broker had made to him during the transaction. In defending the suit the broker proved that the listing contract w/ the seller was an oral agreement. Under these circumstances:

Written by Posted On Friday, 26 April 2019 05:00

(A) This is a valid defense based upon the Statute of Frauds
(B) The Statute of Frauds is not a bar in any real estate transaction litigation
(C) This defense is not a bar because it was not the issue
(D) The broker is only liable for misrepresentation to buyers

Answer:  (C) The broker cannot use the Statute of Frauds as a defense in this situation. The Statute requires the listing contract be in writing to be enforceable in court but has nothing to do with misrepresentation.

Read 1539 times Last modified on Friday, 19 April 2019 21:55
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