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Monday, October 6, 2008

A Haunted House and a Rescission?

Because I know how much Ben loves Stambovsky, I thought I'd post a link to Fox News' discussion of whether some buyers can rescind their purchase of a "haunted house," Clifton Hall.   By the way, I don't think this has anything to do with the implied warranty of habitability.  I think the defect is patent.

Alfred Brophy 

http://lawprofessors.typepad.com/property/2008/10/a-haunted-house.html

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Comments

These days its not unusual for the sales price of a property to be much less than fair market value. Now that's a real haunting

Posted by: Donate Real Estate | Oct 10, 2008 8:10:33 PM

wow, are these people actually lawyers or do they just blurt out random law-sounding stuff on tv? I'd like to include this in something to show my class, but the law is so off I can't--the IWH as way to void a mortgage with a non-builder/non-landlord? not even getting to the duty to disclose until most of the way through the rant? then the guy against a cause of action says you have no right to disclosure of termite infestation, the classic example of a material latent defect? and i think the house is in england, but don't most states now take away a duty to disclose psychological claims (although i don't know if haunting counts here) by statute? am i missing something here, or is this a largely law free discussion?

Posted by: Bethany | Oct 11, 2008 8:24:29 AM

Hard to believe, isn't it, Bethany?

Posted by: Alfred | Oct 15, 2008 7:43:38 AM

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