Asked by DIVYNE PERRIN on Jun 18, 2024
Verified
Which of the following best describes any duty Ciaran owed to Luisa prior to the sale?
A) In most states, Ciaran only had a duty to warn Luisa about any defects he knew about that a reasonable buyer would not have been able to discover through a thorough examination of the property.
B) In most states, Ciaran had a duty to warn Luisa about any defects in the property regardless of whether they could have been discovered through a thorough examination of the property.
C) In most states, Ciaran had a duty to warn Luisa about any defects he knew about that a reasonable buyer would not have been able to discover through a thorough examination of the property and that materially affected the value of the property.
D) In most states, Ciaran had no duty to warn Luisa of anything.
E) In most states, Ciaran had no duty to warn Luisa of anything so long as she had her own home inspection done.
Duty To Warn
The legal obligation to inform others about potential dangers or risks associated with a product, property, or situation.
Reasonable Buyer
A hypothetical person in the marketplace considered to be adequately informed, cautious, and not under any pressure to make a purchase.
Defects
Flaws or imperfections in products, property, or legal documents that can affect value or functionality.
- Determine the ramifications under the law for selling real estate that has acknowledged flaws, along with the obligations of the vendor.
Verified Answer
PP
Pooja PudasainiJun 20, 2024
Final Answer :
C
Explanation :
Ciaran had a duty to disclose known defects that a reasonable inspection by the buyer would not uncover and that materially affect the property's value. This is a common requirement in real estate transactions to ensure fairness and transparency.
Learning Objectives
- Determine the ramifications under the law for selling real estate that has acknowledged flaws, along with the obligations of the vendor.