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Joe is selling his home for sale by owner. Mitsy is interested in purchasing the home. The roof of the home has missing shingles, has obvious rotted sections, and the interior walls and ceiling of the home are water-stained beneath the areas where the roof is in disrepair. Joe knows the roof has leaked, but Mitsy never asks Joe about water leakage or roof issues, and Joe does not mention the leak to her. If Mitsy buys the home and later learns of the leaky roof, could she claim Joe's silence constituted fraudulent misrepresentation?
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