Property Ownership
A buyer in Idaho purchases a property and later discovers an undisclosed easement that significantly limits their use. What is the buyer's best remedy?
ARequest a zoning variance
BSue the seller for breach of warranty (if a warranty deed was given) or for failure to disclose✓ Correct
CApply for a variance from the county
DAcquire a prescriptive easement to offset the restriction
Explanation
If a warranty deed was given, an undisclosed easement may constitute a breach of the warranty against encumbrances. The buyer may also have a claim for the seller's failure to disclose a known material fact.
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