Unfair and Deceptive Acts and Practices: 4.2.15.3.6 Must the seller have an independent duty of disclosure?
A few courts have held that a failure to disclose is a UDAP violation only if the defendant had a duty to disclose the information.386 A duty to disclose may arise from a fiduciary relationship, from partial disclosure, or from superior knowledge.387 Better-reasoned decisions do not require any independent duty of disclosure, but hold it a UDAP violation for a seller to fail to disclose material facts that are not reasonably discoverable by the buyer.388