Albrecht v. Clifford, 436 Mass. 706 (2002)
- Citation
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Parent Document
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Jurisdiction
- Massachusetts (state)
- Effective Date
- 2002-05-07
Other Sections in This Document (44)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
- Albrecht v. Clifford, 436 Mass. 706 (2002)
Full Text
1,450 charsWe treat as a single argument the Albrechts’ contention on appeal that there was no reason that they “knew or should have known” about the alleged defects, and the motion judge’s conclusion that the alleged defects were not “inherently unknowable.” See Williams v. Ely, 423 Mass. 467, 473 n.7 (1996), and cases cited (“inherently unknowable” standard is no different from and is used interchangeably with the “knew or should have known” standard). “[T]o the extent that any misrepresentation concerns a fact which was ‘inherently unknowable’ by the plaintiffs at the time it was made and at the time of the sale ... a cause of action for deceit in the sale of real estate accrues when a buyer learns of the misrepresentation or when the buyer reasonably should have learned of the misrepresentation.” Friedman v. Jablonski, 371 Mass. 482, 485-486 (1976). “Inherent unknowability is not a fact, but rather a conclusion to be drawn from the facts.” Melrose Hous. Auth. v. New Hampshire Ins. Co., 402 Mass. 27, 31-32 n.4 (1988) (question of inherent unknowability is properly for court to answer in *715case tried to master and without jury). Plaintiffs who assert that their cases should not be barred by the statute of limitations have the burden of demonstrating that they did not know of the defect within the statute of limitations and that “in the exercise of reasonable diligence, they should not have known.” Friedman v. Jablonski, supra at 487.