The courts are recognizing an increasing number of such professions. Ordinarily, neither party to a contract has a duty to come forward and disclose facts. Therefore, a contract cannot be set aside because certain pertinent information is not volunteered. Some exceptions to this general rule exist. Generally, if a serious defect or potential problem is known to the seller but could not reasonably be suspected by the buyer, the seller may have a duty to speak.
Statutes provide other exceptions to the general rule of nondisclosure.
Statutes may even spcifify the typeface size to be used in the document providing the information. Reliance is not justified if the innocent party knows the true facts or relies on obviously extravagant statements. The same rule applies to defects in property sold. If the defects are of the kind that would be obvious on inspection, the buyer cannot justifiably rely on the seller's representations. Scienter clearly exists if a party knows a fact is not as stated.