Duty to Disclose Defects Flashcards
1
Q
Traditional exceptions to duty to disclose defects
A
1 - confidential or fiduciary duty between buyer/seller
2 - active concealment
3 - affirmative misrepresentation
4 - partial disclosure
2
Q
definition of active concealment
A
cannot hide it so when buyer inspects, they cannot find
3
Q
definition of affirmative misrepresentation
A
if buyer asks about something and you lie
4
Q
definition of partial disclosure
A
if you disclose something, you have to tell the whole story
