Stambovky, a resident of New York City, contracted to buy a house in the Village of Nyack, New York, from Ackley. The house was widely reputed to be possessed by poltergeists, which Ackley and members of her family had reportedly seen and reported to both Reader's Digest and the local press. In 1989, the house was included in a five-home walking tour of Nyack and described in a newspaper article as a “riverfront Victorian (with ghost).” Ackley did not tell Stambovsky about the poltergeists before he bought the house. When Stambovsky learned of the house's reputation, however, he promptly sued for rescission.
What legal theory will Stambovsky use to seek rescission?
Is Stambovsky likely to be successful?