In the course of selling a home to a buyer, a broker told the buyer that the home's foundation was "solid as a rock", when he knew for a fact that it was slowly sinking into the landfill on which it was built. In this situation, the broker's conduct would be BEST defined as a

willful misrepresentation

Explanation:

Willful misrepresentation is an intentional act or misrepresentation of facts with an intent to deceive. It is an intentional action taken by one party, which constitutes a breach of representation with an intent or act to mislead the other party to whom such representation was made.

The above scenario is an example of wilful misrepresentation because the broker knew that the foundation of the house was faulty but willfully misrepresented fact by telling the buyer that the home's foundation was 'solid as rock'.

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