Seller Liability for Undiscovered Latent Defects in Property Sale
Synthèse Legislator
Généré par l'IAA lower court incorrectly held an individual liable for damages stemming from the collapse of a retaining wall that occurred after the individual sold the property, as the collapse was caused by latent defects not apparent at the time of sale and which the seller was unaware of, thus, the appellate court erred in upholding the liability because the seller is not liable for damages resulting from defects that were neither known nor reasonably discoverable at the time of the sale, nor was the seller at fault for failing to alert the buyer to such hidden faults.
Regeste Legislator
Généré par l'IASeller Liability for Undiscovered Latent Defects in Property Sale: A lower court incorrectly held an individual liable for damages stemming from the collapse of a retaining wall that occurred after the individual sold the property, as the collapse was caused by latent defects not apparent at the time of sale and which the seller was unaware of, thus, the appellate court erred in upholding the liability because the seller is not liable for damages resulting from defects that were neither known nor reasonably discoverable at the time of the sale, nor was the seller at fault for failing to alert the buyer to such hidden faults.