Is it true that a seller's silence regarding a defect can be considered misrepresentation?

A seller's silence regarding a property defect can indeed be viewed as misrepresentation under modern trends in real estate law. Traditionally, sellers were not required to disclose defects unless directly asked. However, contemporary standards increasingly recognize that a seller has a duty to disclose material defects that could affect a buyer’s decision, even if there is no explicit inquiry from the buyer.

The rationale behind this shift is grounded in fairness and the principle of good faith in real estate transactions. Sellers possess more knowledge about their property than potential buyers, and failure to disclose known defects could lead buyers to make uninformed and potentially costly decisions. Therefore, when a seller remains silent about a known defect that they should reasonably disclose, this can be construed as a misleading omission, equating to misrepresentation.

Furthermore, courts and real estate statutes are leaning towards a more buyer-friendly approach, reinforcing the importance of transparency in transactions. Buyers rely on sellers to provide honest and comprehensive information about the property's condition. Thus, silence in the face of a defect—especially when it is significant—can operate under this modern legal perspective as a form of misrepresentation, leading to potential liability for the seller.

This principle aligns well with the broadening expectations of disclosure in real estate activities, emphasizing a seller's