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|“Caveat Emptor” – that is, “Buyer Beware” – no longer applies in the
U.S. for most purchases. This is particularly true regarding real
estate transactions, whether buying or leasing.
Over the past several decades, the legislatures and courts have put more and more burden on sellers and landlords to fully disclose defects in the real property they are selling or leasing. However, this has not totally, probably not even significantly, reduced the degree of care that buyers or tenants should devote to making sure that they are getting what they are paying for.
And, for sellers and landlords, adequate disclosure is far less time-consuming, costly, and stressful than is litigation.
Many issues apply to both sale and leasing transactions, while some are more relevant to one or the other. Some apply to both sale of owner occupied and rental property, while others apply primarily to one or the other. Some apply to both residential and commercial properties, while others apply only to one or the other. As would be expected, disclosure is much more critical when sales and leasing transactions involve residential properties compared to non-residential.
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