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The mere failure to make inquiry, even though there be suspicious circumstances, does not constitute bad faith, unless said failure is due to the deliberate desire to evade knowledge because of a belief or fear that inquiry would disclose a vice or defect in the transaction, – that is to say, where there is an intentional closing of the eyes ...
According to the ACL, property sellers and agents must disclose any defects in a property, which a buyer is planning to buy. Lying by omission would lead to breach of contract . This law does not mean that the property dealer guarantees the good title of the property but that he/she has not done anything, or is not aware of anything, which ...
In construction contracting, a latent defect is defined as a defect which exists at the time of acceptance but cannot be discovered by a reasonable inspection. [2]In the 1864 US case of Dermott v Jones, the latent defect lay in the soil on which a property had been built, giving rise to problems which subsequently made the house "uninhabitable and dangerous".
If the buyer wants to take the case to court, they may have grounds to sue the seller for breach of contract. Legal action can be expensive and time-consuming, however, and it may not result in a ...
The innocent party cannot sue the party in default for specific performance: only damages. Injunctions (specific performance is a type of injunction) to restrain further breach of a warranty are likely to be refused on the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case.
Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcontract issues; causes of action, and liability, arising in contract, negligence and on other ...
Not in the mortgage loan borrower, Subject to defects, liens or encumbrances, or; Unmarketable. There is no right of access to the land. The lien created by the mortgage: is invalid or unenforceable, is not prior to any other lien existing on the property on the date the policy is written, or; is subject to mechanic's liens under certain ...
‘I don’t see it as unfair’: President Joe Biden is canceling another $7.4B in student loans for 277,000 borrowers — as 18 states push to sue over the SAVE program Serah Louis April 12 ...