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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

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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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