header-logo header-logo

14 July 2023 / Mark Pawlowski
Issue: 8033 / Categories: Features , Property
printer mail-detail

Paranormal properties: no place like home…

130115
Cases here & across the pond have raised questions around failure to disclose alleged paranormal activity in property sales, as Mark Pawlowski explains

As we know, the rule of caveat emptor, ie let the buyer beware, places the burden squarely on the purchaser to act prudently in finding out about the fitness and value of the property they are seeking to buy. There are, of course, exceptions involving latent defects in title and active concealment of physical defects, as well as positive misrepresentations in respect of the property. Significantly, the American courts have gone further and been prepared to create a new 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 exercising due care in making enquiries. In one case, this principle was applied to render a vendor liable in damages for failing to disclose the fact that the house was allegedly the site of poltergeist

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll