Brief Fact Summary. The Plaintiffs, the Davis’s (Plaintiffs), brought suit to rescind a contract to buy property after they discovered the roof of the house leaked. The Defendants, the Johnson’s (Defendants), had represented that the roof was fine.
Synopsis of Rule of Law. When a seller of a home knows of facts materially affecting the value of the property, which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them.
Issue. Whether the seller had a duty to disclose a latent material defect.
Held. Affirmed. The Defendants fraudulent concealment of a material fact entitled the Plaintiffs to a return of their deposit.
In determining whether a seller of a home has a duty to disclose latent material defects to the buyer, the law distinguishes between inaction and action. However, this distinction, in light of modern cases is not in line with current developments of restricting the doctrine of caveat emptor.
Full disclosure of all material facts must be made whenever elementary fair conduct demands it.
A recipient may rely on the truth of a representation, even though its falsity could have been ascertained had he made an investigation, unless he knows the representation to be false or its falsity is obvious to him.View Full Point of Law