A New York appellate court has ruled that a trial court acted properly in allowing a buyer’s lawsuit involving the presence of a seasonal bat colony in the attic of a property to proceed to a jury. The court determined that although NewYork is a caveat emptor (“let the buyer beware”) state, the doctrine does not permit sellers to actively conceal defects as had occurred in this case.
Under federal statute, a brokerage is responsible for disclosing the possible presence of lead-based paint to a prospective purchaser or renter of homes built before 1978. But this duty doesn’t extend to subsequent transactions involving the same property but not the broker.
A California appellate court has reversed a trial court’s ruling in favor of a real estate salesperson and stated that the salesperson owed a duty to both the property buyer and a tenant and could be liable if the trial court finds she aided the property buyer’s alleged attempt to circumvent the city’s rent-control ordinance.