COMM 393 Chapter Notes -Caveat Emptor
Document Summary
Brinkmans are selling a house to the weinmans. The k specifies an exclusion clause that b is not liable for misrepresentations. Eight days after completion (when title has passed), Weinmans discover water leaking into the basement ( to repair). Because of the exclusion clause, w is confined to suing for fraudulent misrepresentation to get damages (nullifying the exclusion clause) and must prove that b knew of a hidden defect at the time of. For obvious defects, the rule of caveat emptor ( buyer beware") applies. Patent defect visible to the eye, obvious defect to both parties caveat emptor. For obvious defects, the rule of caveat emptor ( let the buyer beware") applies. Latent defect not discoverable by mere observation no remedy unless prove fraud or breach of warranty. Brinkman made no effort to conceal any water problems, not hidden/latent defect. Weinman failed to review spis, cannot sue b for fraudulent misrepresentation.
