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caveat emptor, qui ignorare non debuit quod jus alienum emit
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Published on Apr 28, 2016
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PRESENTATION OUTLINE
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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Grant MacDonald
2.
Known
actual knowledge
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chooyutshing
3.
Material
4.
Latent
Issues which are not readily observable
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myfear
5.
Reliance
Reasonable Person's Perspective
Fact vs. Opinion
Impact of Inspections
Photo by
cacigar
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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MSVG
Kevin Harker
Haiku Deck Pro User
http://www.calaw.attorney
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