Week 5 Assignment: BOO!

Week 5 Assignment: BOO!

Instructions:

Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules to the facts. Submit your answer as an attached file. Please review the Assignment Rubric before completing any assignment. Remember to include in-text citations and a reference page.

Facts

You and your family must relocate from California to Boston for employment reasons.  You scour the local suburbs for a home suitable to your needs and find the “perfect” home in a quaint town south of Boston.  You make an offer to purchase the property and before signing the purchase and sale agreement, you dutifully engage the services of a home inspector who inspects the home, during daylight hours, from stem to stern and pronounces it in near perfect condition. 

Elated, you sign a purchase and sale agreement for the $550,000.00 home, and put down $55,000.00 as a deposit to bind the agreement. In the agreement, the seller graciously allows you access to property to take measurements for the purposes of your move.

Two weeks before you are to close on the property, you make arrangements to get into the home to take room measurements, window measurements, and the like. You arrive at the home when the current owners are away for the weekend. It is dark—around 9:30 p.m. on a Friday evening.  As you move from room to room, you get this eerie feeling that someone is watching you; but, every time you turn around, there is nothing there. Convinced you are just spooking yourself, you go down to the finished basement to measure the width of the door frames.  To your horror, sitting suspended in midair above a couch in front of the television, is the apparition of an elderly gentleman.  He looks down at you calmly and smiles. You shriek and bolt up the stairs two at a time, only to see an elegant looking woman dressed all in red coming down the stairs toward you.  You open your mouth to speak to her, but are stunned into silence as she literally passes right through you on the stairs!!!

It’s time to leave—and quickly. Running as fast as your legs will carry you, you make your way to the front entrance. As you leave, you take note of a third and final apparition—a sailor in a white powdered wig—who salutes you as you exit the home.

Frightened, frantic, and panicked, you immediately call the owner of the property and demand to be let out of the purchase and sale agreement with a full refund. When the owner asks why, you respond that the house is haunted and that fact should have been disclosed during the negotiations. The owner laughs and states, “Everyone in town knows the house is haunted.” He refuses to let you out of the deal.

You take the owner to court!! On what legal grounds might you argue you are entitled to rescind this contract, and will you be successful in your attempt? Would the situation be different if you did not discover the supernatural activity until after you moved in?  

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