Assuming that al the other elements of fraud are met, which of the following atatements, if false, could ....-

Question

.....could be used to support a fraud case?

1. the furnace was installed within the last five years

2. these window treatment I installed will still be in style in 2010

3. this house should be able to withstand any wind Chicago can dish out.

4. before this house was redecorated every room had very ugly wallpaper.

5. within 10 years this house will be worth twice the price I am asking for it.

my answer was # 1 because the furnace could have been installed 1o yrs ago and now has no Warranty.

Answer 1

Only Number 1 is factual and could be verified. Thus, if untrue, might be grounds for alleging fraud. (I'm not a lawyer, so this isn't legal advice.)

Number 2 is opinion. It is now, and even in 2 years could be open to debate.

Number 3 might be verifiable. A structural engineer could determine the strength of the house, and a look at Chicago's weather history should give you an answer as to the highest wind experienced in Chicago.

Number 4 is just opinion.

Number 5 is speculation. However, if someone put that statement in writing, and persuaded someone to buy the house based on the written assurance of appreciation, someone could argue that Number 5 might consistitute fraud.

Answer 2

As far as #3, how many homes can withstand a tornado?  And note that it says "should be able to" (no guaranty).