Seller owned Blackacre, improved with an aging four-story warehouse. The warehouse was built to the lot lines on all four sides. On the street side, recessed loading docks permitted semi-trailers to be backed in. After the tractors were unhooked, the trailers extended into the street and occupied most of one lane of the street. Over the years, as trailers became larger, the blocking of the street became more severe. The municipality advised Seller that the loading docks could not continue to be used because the trailers blocked the street; it gave Seller 90 days to cease and desist. During the 90 days, Seller sold and conveyed Blackacre by warranty deed for a substantial consideration to Buyer. The problem of the loading docks was not discussed in the negotiations. Upon expiration of the 90 days, the municipality required Buyer to stop using the loading docks. This action substantially reduced the value of Blackacre. Buyer brought an appropriate action against Seller seeking cancellation of the deed and return of all monies paid. Such action should be based upon a claim of 
misrepresentation. breach of the covenant of warranty. failure of consideration. mutual mistake.
Question: Seller owned Blackacre, improved with an aging four-story warehouse. The warehouse was built to the lot lines on all four sides. On the street side, recessed loading docks permitted semi-trailers to be backed in. After the tractors were unhooked, the trailers extended into the street and occupied most of one lane of the street. Over the years, as trailers became larger, the blocking of the street became more severe. The municipality advised Seller that the loading docks could not continue to be used because the trailers blocked the street; it gave Seller 90 days to cease and desist. During the 90 days, Seller sold and conveyed Blackacre by warranty deed for a substantial consideration to Buyer. The problem of the loading docks was not discussed in the negotiations. Upon expiration of the 90 days, the municipality required Buyer to stop using the loading docks. This action substantially reduced the value of Blackacre. Buyer brought an appropriate action against Seller seeking cancellation of the deed and return of all monies paid. Such action should be based upon a claim of 
A. misrepresentation.
B. breach of the covenant of warranty.
C. failure of consideration.
D. mutual mistake.
Answer: