Doctrine of caveat emptor: New York law follows the long-standing tradition in the purchase of real property that a buyer has the duty to satisfy himself of the quality of the bargained-for purchase of the property without trying the seller. See Stambovsky v. Ackley, 169 A.D.2d 254, 572 N.Y.S.2d 672, 675–76 (1st Dept.1991); London v. Courduff, 141 A.D.2d 803, 529 N.Y.S.2d 874, 875 (1st Dept.). Further, the term to purchase the property “AS IS” is a specific contract disclaimer as to the condition of the property to be purchased and thwarts this breach of contract claim (see Mosca v. Kiner, 277 A.D.2d 937,939 [4th Dept.2000]; McManus v. Moise, 262 A.D.2d 370,371 [4th Dept.1999]). Under the generally accepted doctrine in real estate transaction of caveat emptor or buyer beware, there is no duty upon the seller to disclose any information concerning the property (Caceci v. DiCanio Construction Corp., 72 N.Y.2d 52,57 ).
by Richard A. Klass, Esq.———– copyr. 2013 Richard A. Klass, Esq. The firm’s website: www.CourtStreetLaw.com Richard A. Klass, Esq., maintains a law firm engaged in civil litigation at 16 Court Street, 28th Floor, Brooklyn Heights, New York. He may be reached at (718) COURT-ST or e-ml to RichKlass@courtstreetlaw.com with any questions. Prior results do not guarantee a similar outcome. Next post Previous post