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1991•Palgrave Macmillan UK eBooksRequires access

Pre-contract Searches and Enquiries

Priscilla Sarton

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Abstract

You now know that a seller has a duty either implied or expressed in the contract to disclose certain defects in his title to the purchaser. Much information which might affect the value or the enjoyment of the property, and make it unattractive to the purchaser is not within this duty of disclosure. He should seek out this information before contract. As the seller is not under a duty to disclose it, it is too late for a purchaser to discover it after the contract, as there will be no breach of contract to offer him a remedy.

About this research paper

What this paper is about

You now know that a seller has a duty either implied or expressed in the contract to disclose certain defects in his title to the purchaser. Much information which might affect the value or the enjoyment of the property, and make it unattractive to the purchaser is not within this duty of disclosure. He should seek out this information before contract. As the seller is not under a duty to disclose it, it is too late for a purchaser to discover it after the contract, as there will be no breach of contract to offer him a remedy.

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Available abstract

You now know that a seller has a duty either implied or expressed in the contract to disclose certain defects in his title to the purchaser. Much information which might affect the value or the enjoyment of the property, and make it unattractive to the purchaser is not within this duty of disclosure. He should seek out this information before contract. As the seller is not under a duty to disclose it, it is too late for a purchaser to discover it after the contract, as there will be no breach of contract to offer him a remedy.

Key concepts: Duty, Business, Property (philosophy), Value (mathematics), Law and economics, Actuarial science, Law, Economics

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