Contracts
A NH seller who misrepresents a property condition in the seller's disclosure can be held liable even after closing under the doctrine of:
AMerger — all pre-closing representations merge into the deed
BFraud — fraudulent misrepresentation survives the merger doctrine✓ Correct
COnly if the buyer complained before closing
DCaveat emptor — buyer beware protects the seller
Explanation
Fraudulent misrepresentation is an exception to the merger doctrine (which holds that pre-closing representations are extinguished at closing). Fraud survives closing and may give the buyer grounds for rescission or damages.
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