On Saturday, while attending a garage sale at the home of Seller, Buyer sees a nice frame around a dull painting.
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Get it written →On Saturday, while attending a garage sale at the home of Seller, Buyer sees a nice frame around a dull painting.
Wanting only the frame, Buyer offers $20 and Seller accepts.
Buyer pays the $20 and takes the painting (in the frame) home.
On Sunday, before cutting the painting from the frame, Buyer becomes curious to know more about the painting.
Buyer researches it and discovers the painting is worth $100,000.
Also on Sunday, Seller’s brother informs Seller, to Seller’s dismay, that the painting that Seller sold for $20 is worth $100,000.
Seller sues Buyer to rescind the sale.
A. Buyer has a strong legal argument that the sale should NOT be rescinded.
WHAT IS THAT ARGUMENT?
B. Seller does not have a strong legal argument that the sale should be rescinded.
NEVERTHELESS, WHAT LEGAL ARGUMENT(S) CAN YOU MAKE FOR SELLER’S POSITION?
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