3. Henry and Ella have spent months looking for their dreamhome. One day the saw it and fell in love with everything about thehouse. They asked the Mr. Sellers, the realtor to draw up apurchase agreement, which they signed. Before signing theagreement, they asked if the house was in good shape. The realestate associate replied that it was. They signed the papers at theclosing.
After moving into the house, Henry and Ella soon discovered thatthe roof leaked badly, each time it rained the basement flooded,the air conditioner didn't’t work and the electrical wiring wasprone to short out! They now want to sue Mr. Sellers.
a. What tort should they consider?
b. If they pursue a lawsuit would they win?
c. What are the possible defenses to the lawsuit that Mr.Sellers might use?