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07 March 2019 / Mark Pawlowski
Issue: 7831 / Categories: Features , Property
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Horror homes & caveat emptor

Mark Pawlowski asks whether there is a duty to disclose the gruesome history of a house on the sale of a property

  • Can lessons be learnt from other jurisdictions to improve the UK’s interpretation of the caveat emptor rule, in favour of more open disclosure from sellers of property?

Does a purchaser who is not informed by the seller of the unpleasant happenings at the property have a right to rescind the contract of sale or, alternatively, claim damages for misrepresentation? An obvious obstacle facing the purchaser in such cases is the caveat emptor rule which places the burden squarely on the purchaser to discover matters affecting the quality or enjoyment of the land which he is buying.

States of affairs

Significantly, the American courts have been prepared to create an exception to the rule where a state of affairs exists which materially impairs the value of the property and is peculiarly within the vendor’s knowledge or unlikely to be discovered by a prudent purchaser

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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