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Claire asks her real estate agent whether there had ever been a death in the house she intends to buy. The real estate agent responds that there was no death in the house, despite knowing that there was. However, the nondisclosure statutes in the state impose statutory duties that prohibit the agent from affirmatively disclosing whether any deaths or murders took place in a property. Can the real estate agent be found guilty of misrepresentation in this situation?

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