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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
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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