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"Snake House" Might Generate a Case for the Courthouse

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Roger Shuler
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In 2007, another couple named Neal and Denise Ard sued the couple who sold them the home and the real estate agent who negotiated the $189,900 deal. The complaint was dismissed a year later.

Since the Sessions moved out, other people have looked at the house. One day, when a real estate agent was showing the property, a farmer who lives down the road stopped by to warn them, Chambers said.

"Now, if anybody sees anybody, they kind of will let them know," he said. "Just so that somebody else doesn't get caught in the same trap."

The real-estate agent must have been thrilled with the farmer's helpfulness.

We're not sure why the earlier lawsuit was dismissed; it probably has to do with a legal concept known as caveat emptor, which is Latin for "let the buyer beware." Based on our updated translation, caveat emptor actually means "you're screwed."

Under the doctrine, a buyer has no recourse against a seller for defects on real property that render it unfit for normal use. Caveat emptor, however, does not apply in cases where the seller actively conceals latent defects or made material misrepresentations amounting to fraud.

We addressed caveat emptor in the following post. We tied it to our home state of Alabama, but the doctrine applies pretty much across the country:

Buyer Beware in Alabama

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I live in Birmingham, Alabama, and work in higher education. I became interested in justice-related issues after experiencing gross judicial corruption in Alabama state courts. This corruption has a strong political component. The corrupt judges are (more...)
 
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