Answer :
Lily is a victim of fraudulent misrepresentation and may recover damages for her down payment.
What is Fraud?
This refers to the use of false pretexts to get something from someone or close a deal and is considered a criminal offense.
Hence, based on the fact that Ken, the real estate agent was not truthful in his assertion about the traffic rate in the property he was about to sell, then Lily is a victim of fraud and may recover damages for her down payment
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