![]() In connection with purchasers’ mistaken belief about acreage conveyed. Plaintiff buyers, in addition to the bank) to recover for negligence at closing Jury at the Superior Court level previously found to have represented the There, the plaintiff real estate buyersīrought a legal malpractice action against the bank’s closing attorney (who the In 2007, the Supreme Judicial Court addressed the issue of attorney malpractice in title work in Dowling v. Property, as an extension of Seller’s agent’s statutory duty to discloseĬertain physical defects in the property to the Buyers. § 13274(1)) upon Buyers’ agent toĭisclose to the Buyers the presence of lead-based paint hazards on the The District Court held that there was a statutory duty (32 M.R.S.A. Downing Agency, Inc., the Plaintiffs alleged that the Defendants, Plaintiff-Buyers’ real estateĪgents, knew or should have known of the risk that lead-based paint was in the Of environmental hazards in the neighborhood. Physical condition of the property” and that the statute did not require disclosure Seller’s real estate agent to disclose “all material defects pertaining to the No evidence that any environmental hazard affected or was spreading to the Property, even though the Plaintiff’s property was unaffected. In the alternate, Plaintiffs asserted fraudīy active concealment of the contamination in the neighborhood surrounding the Issues in, on, or around the property they purchased. Were negligent because they owed Plaintiffs a duty to disclose contamination Plaintiff homeowners asserted Defendants, members of a real estate brokerage, Not actionable in the absence of a special relationship unless the complaintĪlleged and the plaintiff proved evidence of affirmative statements or acts The court held that a claim for failure to inform purchaser of leaking roof was The Court further indicated that even an isolated transaction in aīusiness context may constitute “conduct of trade or commerce” for purposes of § 207) liability forįailure to disclose material information. Shield against Unfair Trade Practices Act (5 M.R.S.A. Where there is a duty to disclose, unawareness or good faith is no Rises to the level of supplying false information when such failure to discloseĬonstitutes the breach of a statutory duty. The Court held that for purposes of negligent misrepresentation, silence Underground oil tank existence because Defendants did not comply with anĪbsolute statutory or regulatory duty to disclose the same. ![]() The Plaintiff asserted Defendants supplied false information regarding Several Maine cases provide further guidance. Have known that the information was false. The buyer if the false information was provided to the real estate brokerageĪgency by the real estate brokerage agency’s seller-client and the real estateīrokerage agency did not know or, acting in a reasonable manner, should not But a real estate brokerage agency is not liable to a buyer for providing false information to ![]() Property of which the seller agent knew or, acting in a reasonable manner, In a timely manner to a prospective buyer all material physical defects of For instance, a seller’s agent must disclose Negligent misrepresentation occurs when a party fails to comply with an absolute statutory or regulatory duty to None is required is deemed to have assumed a duty to make a full disclosure. A party who makes a partial disclosure where Truth, or a special relationship that imposes a duty to disclose on theĭefendant. To prevail on a claim of fraud, a plaintiff must demonstrate an active concealment of the material Failure to disclose defects in real property generally falls under two headings: (1) fraud, and (2) negligent Sellers of real estate in Maine have no obligation to disclose property defects to buyers,Īnd agents have all of the defenses as their principals that arise out of the transaction. Alternative Dispute Resolution – Mediationīuyer beware.Special Needs Trusts & Supplemental Needs Trusts.Estate Planning & Elder Law – Resources.18th Annual Employment Law Seminar Resources.19th Annual Employment Law Seminar Resources.OUI (Operating Under the Influence a/k/a DUI or DWI).Family Owned Businesses/Succession Planning.Administrative & Regulatory Law Services.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |