Where the vendor is guilty of false representations regarding the existence of encumbrances on the land, or as to their amount or other material particulars, the vendee has the right to rescind the contract.25 A rescission may be claimed on account of fraudulent concealment or misrepresentation concerning unpaid taxes on the representations were false and the deed was not a full covenant warranty deed, but one with special covenants against the defendant's own acts. Wollenslagle v. Runals, 76 Mich. 545.

23. Kronfeld v. Missal, 87 Conn. 491, 89 Atl. 95.

24. Manley v. Johnson, 85 Vt. 262, 81 Atl. 919.

25. Representations in an exchange of property that the balance upon a land contract was not to exceed $2,000.00 and that there was nothing past due, when in fact about $900.00 was then due and owing, held sufficient to sustain a decree for plaintiffs. Banski v. Michal-ski, 204 Mich. 15.

Representations that defendant's equity in certain property was $8,200, while in fact it was $3,650. which representations were relied upon by plaintiffs, held sufficient to sustain a decree for plaintiff rescinding the transaction on the ground of fraud. Pound v. Clum, 204 Mich. 28.

In an exchange of property, defendant failed to convey certain property which he claimed he owned, but did agree to convey another piece of property, which he held out to be bringing in $50.00 per month, while in fact it only brought in $36.00 per month, and this contract was cancelled, defendant agreeing to convey five lots, to which he did not have title, held that the testimony of plaintiff, that defendant obtained valuable property from her without giving her substantial return, sufficient to sustain a verdict in an action for fraud. Thomas v. Miller, 202 Mich. 43.

A party purchasing property, which, according to the vendor's representations, fraudulently made, that the property is unencumbered, can sue for the false representation and the constructive notice furnished by the record of the mortgage will not deprive the vendee of the right to rely on the vendor's statements. Weber v. Weber, 47 Mich. 569.

the land,26 or the existence of an attachment on the land with a decree against the former owner,27 or the existence of building restrictions affecting the land.28 A vendor's false representation as to the rate of interest on a mortgage subject to which he sells the land is material in an action based on fraud in the transfer.29

A representation by the vendor that he has made no prior contract for the sale of the same land, and the vendee has no knowledge or notice of an unrecorded prior contract which binds the vendor to sell the premises to another person, is sufficient to entitle the vendee to rescind the contract where he has relied on such representation.30