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caveat emptor, qui ignorare non debuit quod jus alienum emit

Published on Apr 28, 2016

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1.

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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2.

Known

actual knowledge
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3.

Material

4.

Latent

Issues which are not readily observable
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5.

Reliance

  • Reasonable Person's Perspective
  • Fact vs. Opinion
  • Impact of Inspections
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6.

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
7.

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
8.

CC&Rs, HOAs & Disclosures

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Kevin Harker

Haiku Deck Pro User
http://www.calaw.attorney