Posted By:
boxingcardmanIf so, how can you post drivel like this:
"I will tell you what the California Evidence Code requires and you can say whatever you want. The California Evidence Code does not require disclosure. For instance if you were trying to prove your case and you got 3 medical reports, two medical reports were favorable and the third wasn't. You are not required to produce the third report. However, if you are asked a direct question, you are required to answer that you obtained a third opinion."
Of course the Evidence Code doesn't require disclosure...because the Civil Code contains the definitions for the various forms of misrepresentation.
Your statement not only cites the wrong set of laws, it utterly misstates basic black-letter law with regard to fraud. A seller of any item is required to disclose any material fact not known to the buyer. The MEARS rejection is material. Also, if Lampson can be proven to be an industry joke and/or if the sloppiness argument is accepted, a case for negligent misrepresentation can be made out