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.].)

Other Questions


Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is there cause to allege a breach of express warranty cause of action? (California, United States of America)
Is a husband's cause of action for personal injuries considered 'property' for community division in a divorce action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What is the limitation period for a breach of warranty cause of action based on a written contract? (California, United States of America)
Is a plaintiff entitled to fees incurred in pursuing all causes of action in a tort action arising out of a stock purchase agreement? (California, United States of America)
Is there a cause of action for breach of contract, breach of the covenant of good faith and fair dealing or fraud? (California, United States of America)
What is the next cause of action for breach of contract to not terminate without cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.