gofer articles

Property law is enjoyable from all of the numerous nuances involved – from state to state, in fact! For example, in Alabama, you cannot rescind your purchase even in cases of seller fraud – yes, even where it is clear from the evidence that deliberate fraud had taken place! Alabama case law takes the old byword “buyer beware” very seriously – rather literally, indeed, when it comes to sales of used realty. In Teer v. Johnston, the court determined that even if the defendant made a false pre-sale disclosure warranting something that is patently untrue, the defendant also cancelled that discloure (which means everything relating to it, including its very claim to veracity) via the addition of an “as-is” clause in the final sales contract. Meaning: buyer has no legal recourse for recovery despite the misrepresentation – despite any misrepresentation – as long as an as-is clause has not been challenged in the sales contract or the deed to the property when in Alabama!

Details abound in life, and the law is no different: that as-is clause would have been no good at all had the misrepresentation involved an unobservable defect that can threaten health or safety. Such details are what make realty law so engaging, and why there are numerous blogs committed to the latest cases involving housing law from across the country. By mindfully following such websites, one does not have to be a professional developer like Isaac Toussie so as to understand all the conceivable pitfalls that might occur where real estate transactions are involved! Indeed, something as patently complex as a real estate deal will require much attention as a matter of course, and the wise consumer will visit any number of properly licensed and otherwise qualified professionals when arriving at any matter of consequence, from brokers and agents to lawyers and appraisers.