Every Bundle includes the complete text from each of the titles below:
PLUS: Hundreds of law school topic-related videos from
The Understanding Law Video Lecture Series™:
Choose Your Subscription:
--OR--
Register and Subscribe Now
Every Bundle includes the complete text from each of the titles below:
PLUS: Hundreds of law school topic-related videos from
The Understanding Law Video Lecture Series™:
Choose Your Subscription:
--OR--
Brief Fact Summary. Defendant Whitinsville Savings Bank sold Plaintiff Swinton a house that was infested with termites. Defendant knew of the infestation but did not inform Plaintiff of the infestation.
Synopsis of Rule of Law. A selling party is not liable for failing to disclose defects.
Issue. Must a seller of a home disclose every known defect?
Held. No. Absent a false statement, the concealment of a known defect is not actionable. Here, the facts do not demonstrate that the defendant made a misrepresentation or a representation at all regarding the condition of the home. Defendant merely concealed the termite infestation from Plaintiff, for which Plaintiff can recover no damages.
Discussion. One cannot recover damages for the concealment of a known defect.
