Contracts
In South Dakota, which of the following would constitute 'fraud' in a real estate transaction?
AAn innocent mistake in the property's square footage disclosed to the buyer
BIntentional misrepresentation of material facts to induce a party to enter a contract✓ Correct
CFailure to include a contingency in an offer
DAn agent's failure to present an offer within 24 hours
Explanation
Fraud requires intentional misrepresentation of a material fact, knowledge of the falsity, intent to deceive, the victim's justifiable reliance, and resulting damage. Innocent mistakes are not fraud but may constitute negligent misrepresentation.
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