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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".
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.
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 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 ...
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.
Pictured: a house in Burwood, NSW.The property dispute in Farah related to a residential construction project in that suburb.. The case concerned remedies claimed by Say-Dee Pty Ltd against Farah Constructions Pty Ltd. Say-Dee claimed a constructive trust over property held by Farah and its associates, as remedy for Farah having breached a fiduciary duty owed to Say-Dee.
Shortly after construction was completed, Holmdene's bricks "were beginning to crumble and decompose," [1] manifesting a condition known as "efflorescence," which threatened the stability of the entire edifice. The affected walls were perforce demolished, and Roberts sued for consequential damages arising from the breach of the contract.
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