EAQE Law of agency, contract and negligence question: nothing about a long-running dispute with neighbours over noise

EAA EAQELaw of agency, contract and negligence

A vendor says nothing about a long-running dispute with neighbours over noise, and the buyer does not ask. Later the buyer learns of it. Which statement best describes the general legal position?

A Silence about any material fact is always a misrepresentation
B The buyer can always rescind for any undisclosed fact
C Silence alone is generally not misrepresentation; half-truths can be
D The agent is automatically liable for the vendor's silence

Show the answer and explanation

Answer: C. Silence alone is generally not misrepresentation; half-truths can be

Answer: Mere silence is generally not a misrepresentation, though half-truths, concealment or failing to correct changed facts can be. Why not the others: - Always a misrepresentation: The general rule is caveat emptor. - Always rescind: Rescission needs a misrepresentation or another legal ground. - Agent automatically liable: An agent is liable for his own statements and duties, not automatically for the vendor's silence, though he must not mislead. Rule: There is generally no duty to volunteer information, but a statement that is literally true yet misleading, active concealment, or a statement that becomes untrue before the contract, can amount to misrepresentation. Agents also have statutory information duties. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 3 (misrepresentation); as at Oct 2026