Let the unwise seller beware

Francis, S.

Let the unwise seller beware - 2001 - Estates Gazette (0136) 8 September 2001, 174-175(2) .

A 'Mainly for Students' article, which looks at the 'caveat emptor' regime. Under this principle a seller is not required to communicate the existence of defects in land unless, by act or implication, he suggests that such defects do not exist. 'Caveat emptor' continues to play a key role in regulating parties' behaviour during property transactions. However, warns sellers to be wary of concealing defects that could impact upon health and safety and the environment. Several important areas of regulatory law, which can operate as a material incentive to disclose, are discussed: Health and Safety at Work Act 1974 s4; Construction (Design and Management) Regulations 1994, an Defective Premises Act 1972 s3(1).


CAVEAT EMPTOR
PROPERTY TRANSACTIONS
DEFECTS
DUTY TO DISCLOSE
HEALTH AND SAFETY AT WORK ETC ACT 1974 S4
DEFECTIVE PREMISES ACT 1972 S3(1)
CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 1994
GORDON V SELICO CO LTD
Environment