Contract term bars suit over latent construction defects 
Published: June 6, 2013
Tags: breach of contract, construction, delayed discovery rule, latent defects, real property, statute of limitations
A contract between sophisticated parties could abrogate the delayed discovery rule regarding a lawsuit over latent construction defects, the California Court of Appeal has ruled in affirming judgment.
Homeowners association had implied authority to regulate common area
Published: May 16, 2013
Tags: homeowners association, real property, restrictive covenants
A homeowners association was not required to have express rulemaking authority in order to limit the types of watercraft that residents could use in an adjoining lake, the Illinois Appellate Court has ruled in affirming judgment.
N.Y. high court sets real property damage standard
Published: March 26, 2013
Tags: breach of contract, real property
A seller suing for a buyer’s breach of a contract to sell real property was entitled to recover the difference between the contract price and the fair market value of the property at the time of the breach, New York’s highest court has ruled.
Fraud claim must be arbitrated in real property dispute
Published: February 5, 2013
Tags: arbitration, fraud, real property
An action for fraud was within the scope of an arbitration provision in a contract for the purchase of real property, the Florida Supreme Court has ruled in reversing judgment.
Benchmarks: Buyer stuck with ‘murder home’
By:
Pat Murphy
Published: December 31, 2012
Tags: fraud, misrepresentation, property disclosure, real estate, real property
In a reversal of course, a Pennsylvania court ruled last week that home sellers had no duty to disclose that their property was the scene of a grisly murder/suicide.
Benchmarks: Home sellers sued for ‘lying’ about sex offender next door
Published: December 6, 2012
Tags: fraud, property disclosure, real property
Arizona law relieved Jeff and Marissa Currier of an affirmative obligation to disclose to prospective home buyers that they had a convicted sex offender living next door.
But according to a state court of appeals, that didn’t mean that the Curriers couldn’t get themselves into legal trouble by allegedly lying when asked why they wanted to move.
Purchase could be rescinded under Land Sales Act
Published: May 3, 2012
Tags: consumer protection, Interstate Land Sales Full Disclosure Act, real property, rescission
The purchasers of a lot in an upscale real estate development had three years to exercise their rescission rights under federal law imposing disclosure requirements in interstate land sales, the 4th Circuit has ruled in affirming a $1.7 million judgment.
Condo purchasers may have lost rescission rights
Published: February 9, 2012
Tags: consumer protection, Interstate Land Sales Full Disclosure Act, real property, rescission
Condominium purchasers may have waited too long to exercise their right to rescind their contract pursuant to federal law requiring certain disclosures in land sales, the 6th Circuit has ruled.
City must have probable cause to inspect home
Published: February 8, 2012
Tags: Fourth Amendment, probable cause, real property, search and seizure, zoning
A city was required to satisfy the traditional probable cause standard in order to obtain a court order for the inspection of a home for zoning violations, the Connecticut Supreme Court has ruled in reversing judgment.
Developers can be sued for risky home sales
Published: September 23, 2011
Tags: foreclosures, fraud, misrepresentation, real property
Developers could be sued for allegedly injuring homeowners by causing a drop in property values through sales to individuals with a high risk of foreclosure, the 9th Circuit has ruled in reversing a dismissal.
