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.
The law has not yet, we believe, reached the point of imposing upon the frailties of human nature a standard so idealistic as this.View Full Point of Law
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.