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14 July 2023 / Mark Pawlowski
Issue: 8033 / Categories: Features , Property
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Paranormal properties: no place like home…

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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

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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