Q: If I sold a house and gave the buyer information I thought was true which turned out not to be but I have no proof
that I didn't know aboout it, does that qualify as fraudulent misrepresentation?
A: Talk to a real estate attorney. This type of question is very fact specific, so there is no automatic "yes" or "no" answer. As a general rule, the larger financial impact the non-disclosure, the higher likelihood of litigation and the better chances of the buyer winning. Also be aware the knowledge requirement is "knew" or "reasonably should have known" (i.e. would an average "reasonable" person have been aware of the defect and disclosed the problem?).
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