Search results
Results from the WOW.Com Content Network
The modern trend in the U.S. is that the implied warranty of fitness for a particular purpose applies in the real-estate context to only the sale of new residential housing by a builder-seller and that the caveat emptor rule applies to all other real-estate sale situations (e.g. homeowner to buyer). [3]
Stambovsky v. Ackley, 169 A.D.2d 254 (N.Y. App. Div. 1991), commonly known as the Ghostbusters ruling, was a case in the New York Supreme Court, Appellate Division.The court held that a house, which the owner had previously advertised as haunted by ghosts, was legally haunted for the purpose of an action for rescission brought by a subsequent purchaser of the house.
The Land Titles Office cannot register any transactions regarding the estate while a caveat applies. [5] A lapsing notice will require the caveator to commence Supreme Court proceedings and obtain an extension of the caveat within days of the date on which the notice was served. If the caveator does not take action, the caveat will lapse. [8 ...
In the United States, a seller disclosure statement is a form disclosing the seller's knowledge of the condition of the property. The seller disclosure notice or statement is anecdotal and does not serve as a substitute for any inspections or warranties the purchaser may wish to obtain.
The general law of the sale of property is caveat emptor (let the buyer beware) and buyers are under a general duty to inspect their purchase before taking possession. However, it is understood at law that inspection is often not sufficient to detect certain deficiencies in the product that can only be discovered through destructive testing or ...
Get AOL Mail for FREE! Manage your email like never before with travel, photo & document views. Personalize your inbox with themes & tabs. You've Got Mail!
Caveat emptor Chandelor v Lopus (1603) 79 ER 3 [ 1 ] is a famous case in the common law of England . [ 2 ] It stands for the distinction between warranties and mere affirmations and announced the rule of caveat emptor (buyer beware).
At least in the United States, the principle of caveat emptor ("let the buyer beware") was held for many years to govern sales. As the idea of an implied warranty of habitability began to find purchase, however, issues like the stigma attached to a property based on acts, "haunting", or criminal activity began to make their way into legal precedents.