[CLC-Discussion] Seller Liability under Johnson

[Ian Kravitz]

Interesting fact pattern.  Seller discloses prior treatment of termite damage.  Some minor termite damage visible from buyer inspection.  In reality, extensive termite damage had been covered up by seller using much effort, including actually plastering rotten wood, texturing to look like actually wood, and then painting over.  After moving in, covered up damage begins to expand and fall from home.  Further inspection discovers extent of damage.

Obviously some termite damage was open and obvious.  However, extent of the damage was not open and obvious.  While a further detailed inspection may have discovered the greater extent of damage, Johnson does not generally require inspection when seller has intentionally covered up extent of damage.

Any thoughts on how this one plays out if buyer sues seller for intentionally covering up "extent" of the damage?

Ian T. Kravitz, Esquire   view my bio<http://www.mkpalaw.com/Attorneys/Ian-T-Kravitz.shtml>
Board Certified in Construction Law
AV Preeminent Rated by Martindale-Hubbell
MALKA & KRAVITZ, P.A.
1300 Sawgrass Corporate Parkway
Suite 100
Sunrise, FL 33323
Telephone 954-514-0984
Facsimile  954-514-0985
www.YourConstructionLawFirm.com<http://www.mkpalaw.com/>
[cid:image001.gif at 01CE7647.EC630130]<https://plus.google.com/110645842525512865234>  [cid:image002.gif at 01CE7647.EC630130] <http://www.firmsitepublisher.com/fseditor/fs3/%20http:/www.linkedin.com/pub/malka-kravitz-p-a/53/441/b3a>  [cid:image003.gif at 01CE7647.EC630130] <https://twitter.com/#!/MKPALAW>  [cid:image004.gif at 01CE7647.EC630130] <http://www.facebook.com/MalkaKravitzPa>
[cid:image009.jpg at 01CE7648.0A078170]

[cid:image007.jpg at 01CE7647.EC630130][cid:image008.jpg at 01CE7647.EC630130]

CONFIDENTIALITY NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and (a) is or may be LEGALLY PRIVILEGED, CONFIDENTIAL, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) is intended only for the use of the Addressee(s) named herein. If you are not the intended recipient, an addressee, or the person responsible for delivering this to an addressee, you are hereby notified that reading, using, copying, or distributing any part of this message is strictly prohibited. If you have received this electronic mail message in error, please contact us immediately and take the steps necessary to delete the message completely from your computer system. The receipt by anyone other than the intended recipient does not waive the attorney-client privilege; neither will it constitute a waiver of the work-product doctrine.

TAX ADVICE DISCLAIMER: Any federal tax advice contained in this communication (including attachments) was not intended or written to be used, and it cannot be used, by you for the purpose of (1) avoiding any penalty that may be imposed by the Internal Revenue Service or (2) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
Although this e-mail and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exist.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130701/3e9336ff/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 2459 bytes
Desc: image001.gif
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130701/3e9336ff/image001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.gif
Type: image/gif
Size: 2485 bytes
Desc: image002.gif
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130701/3e9336ff/image002.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.gif
Type: image/gif
Size: 2472 bytes
Desc: image003.gif
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130701/3e9336ff/image003.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.gif
Type: image/gif
Size: 2382 bytes
Desc: image004.gif
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130701/3e9336ff/image004.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.jpg
Type: image/jpeg
Size: 6328 bytes
Desc: image007.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130701/3e9336ff/image007.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 10214 bytes
Desc: image008.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130701/3e9336ff/image008.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.jpg
Type: image/jpeg
Size: 7478 bytes
Desc: image009.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20130701/3e9336ff/image009.jpg>