Seller Fraudulent Nondisclosure of Building Restriction in Land Sale
Synthèse Legislator
Généré par l'IAA contract for the sale of land, where the seller was aware that the buyer intended to build a specific structure but failed to disclose a pre-existing, duly recorded municipal building restriction prohibiting such construction, was deemed voidable because the seller's omission constituted a fraudulent concealment of a crucial defect regarding the property's usability for its intended purpose, even though the restriction was publicly registered, as the seller had a duty to inform the buyer of this known obstacle to the agreed-upon project.
Regeste Legislator
Généré par l'IASeller Fraudulent Nondisclosure of Building Restriction in Land Sale: A contract for the sale of land, where the seller was aware that the buyer intended to build a specific structure but failed to disclose a pre-existing, duly recorded municipal building restriction prohibiting such construction, was deemed voidable because the seller's omission constituted a fraudulent concealment of a crucial defect regarding the property's usability for its intended purpose, even though the restriction was publicly registered, as the seller had a duty to inform the buyer of this known obstacle to the agreed-upon project.