Answer:
Yes,it is a classic case of fraud as Thomas owes the buyer a duty of disclosure of material facts
Explanation:
Fraud
This is simply defined as act of deception. It is an act carried intentional by an individual to get an unfair advantage over another person.
The deceptive trade practices act
This is simply a federal law set up by government. It watches over business, making sure that fraud and misrepresentation do not take place when companies provide products and services.
In real estate, the seller required to tell the buyer about the property's condition and nothing should be left Thomas is guilty of fraud for covering up and not disclosing all conditions or state of the property.
The tests for disclosure outlined by the courts includes
1. The seller must not obstruct the buyer's attempts to inspect the property. The "as is" clause must be an important element of the contract.
2. The buyer and seller must not be in a relatively unequal bargaining position
All known defects must be disclosed by the seller
