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What is Caveat Emptor is it still relevant in 2016?
Comments
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It would usually have to be significant, say being told a house comes with an acre of land only to find out that it is a house only and the land belongs to someone else.
Being told all the lightbulbs work only to move in and find a few that don't is not significant and something to expect with them being consumables.0 -
If you agree to sell anything with working light bulbs and even one doesn't then you are in breach.
The question is rather at which point the buyer will bother get back to you for redress.0 -
Miss_Samantha wrote: »Recent laws means that agents and sellers must disclose all they know which has a material impact on the decision to purchase the property.
... but the trouble with the legislation is that there's no definition of what constitutes a 'material fact' or a fact which will have 'material impact', beyond stating that it is something which would cause the 'average consumer' to affect their decision.0 -
onemoresell wrote: »Could this not potentially be anything?
It could, and there's no hard and fast definition of what these material matters could be, nor what they are limited to
The relevant legislation is referred to and partially summarised here;
http://www.naea.co.uk/news/september-2012/oft-publish-guidance-for-property-sales.aspx0 -
It has been said: if you fail to disclose something that would stop someone purchasing your property (damage you knew about and could be reasonably assumed you knew about) you would be liable. It is balance of probability, not as in criminal law as in beyond all reasonable doubt. That is what was explained about the form I completed when I've sold houses.0
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... but the trouble with the legislation is that there's no definition of what constitutes a 'material fact' or a fact which will have 'material impact', beyond stating that it is something which would cause the 'average consumer' to affect their decision.
Of course there isn't a more precise definition as it is too wide.
The boiler does work, there is japanese knotweed, the neighbour harasses the current owner, any issue of repair beyond trivial, etc.
Basically anything that people come here to complain about.0
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