caveat emptor, qui ignorare non debuit quod jus alienum

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caveat emptor, qui ignorare non debuit quod jus alienum emit

Published on Apr 28, 2016

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PRESENTATION OUTLINE

caveat emptor, qui ignorare non debuit quod jus alienum emit

let a purchaser, who ought not to be ignorant of the amount and nature of the interest which he is about to buy, exercise proper caution

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Known

actual knowledge

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Material

Latent

Issues which are not readily observable

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Reliance

Reasonable Person's Perspective
Fact vs. Opinion
Impact of Inspections

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Scenario 1

Log house, leaks badly during rainstorms
Buyers see black tarp on floor and mildew stains
Buyer learns that logs were installed upside down
No inspection

Scenario 2

Property is on slope; recent landslides
Seller puts netting on hillside
Floor in guesthouse slopes
Agents knew the area was prone to landslides; the house was built on fill; and not properly compacted
Listing agent liable for entire judgment

CC&Rs, HOAs & Disclosures

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Kevin Harker

Haiku Deck Pro User

http://www.calaw.attorney