Can a breach of warranty also be a cause of action in relation to the purchase of real property?

California, United States of America


The following excerpt is from Ram's Gate Winery, LLC v. Roche, 185 Cal.Rptr.3d 935, 235 Cal.App.4th 1071 (Cal. App. 2015):

the methods by which relief can be had for fraud in relation to the purchase of real property, noting that the defrauded buyer must elect whether to rescind the contract or to affirm it and seek damages. They do not speak to the question whether a cause of action also may be alleged for breach of warranty in such circumstances. We see no reason why such an action cannot be maintained. (Gherman v. Colburn (1977) 72 Cal.App.3d 544, 565, 140 Cal.Rptr. 330 [A plaintiff may plead cumulative or inconsistent causes of action.].)

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