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In 2012, the petitioner, Kate Bartenwerfer, and her husband lost a jury verdict after allegedly failing to disclose defects in a house that they sold in San Francisco, California. In 2013, they declared a Chapter 7 bankruptcy . [ 1 ]
Weather. 24/7 Help. For premium support please call: 800-290-4726 more ways to reach us. Sign in. Mail. 24/7 Help. ... they may have grounds to sue the seller for breach of contract. Legal action ...
She sued the seller and the real estate agent for fraud and misrepresentation, saying that they made a "deliberate choice not to disclose the home's recent past," according to a court document.
The short answer is yes, a seller can hypothetically sue a buyer for backing out. But it depends heavily on the circumstances and reasons surrounding the contract termination.
Even if the seller did not know of the defect at the time of sale, the buyer may sue for return of the purchase price and certain other expenses incurred as a result of the sale. The buyer may seek the same awards from the manufacturer as from the seller because, legally the manufacturer is presumed to know of the existence of defects in his ...
Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. The primary legal issue of the case was to determine whether a manufacturer is strictly liable in tort when an article he places on the market proves to have a defect that causes ...
Selling as-is doesn’t excuse you from disclosing known defects. For example, if you know there’s a mold problem or a crack in the foundation , you’re legally obligated to inform the buyer.
Marketable title (real estate) is a title that a court of equity considers to be so free from defect that it will legally force its acceptance by a buyer. Marketable title does not assume that absolute absence of defect, but rather a title that a prudent, educated buyer in the reasonable course of business would accept.