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4855 REVIEW DENIED A deed restriction referring to but not describing a deed condition applicable to properties in a development that was recorded before plaintiffs contracted to buy property in the development gave actual notice of the condition's existence and inquiry notice of its nature; while this did not satisfy the seller's obligation to disclose its terms, it prevents any reliance by plaintiff on nondisclosure from being reasonable or justified, so plaintiff's action for implied misrepresentation was properly dismissed; the existence of inquiry notice at the time of plaintiff's purchase prevents application of the delayed discovery rule to plaintiff's claim.CitationALFARO v COMMUNITY HOUSING (Deed Restriction) 171 CA4 263 [See: Citizens v Anderson 12 C4 345; Goodman v Kennedy 18 C3 335; Lingsch v Savage 213 CA2 729; Salahutdin v Valley 24 CA4 555, T/AT 6/94]
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