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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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)

Full Text

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“Caveat emptor, which traditionally has applied to sales of real estate, developed at a time when a buyer and seller were in equal bargaining positions. They were of comparable skill and knowledge and each could protect himself in a transaction.” Chandler v. Madsen, 197 Mont. 234, 238 (1982). However, “[i]n the sale of new residential dwellings, the doctrine of caveat emptor has properly been eroded by the winds of contemporary realities.” Atherton Condo. Apartment-Owners Ass’n Bd. of Directors v. Blume Dev. Co., 115 Wash. 2d 506, 517 (1990). See David v. B & J Holding Corp., 349 So. 2d 676, 678 (Fla. Dist. Ct. App. 1977), quoting Gable v. Silver, 258 So. 2d 11, 17 (Fla. Dist. Ct. App. 1972) (abandoning doctrine “brings the law much closer to the realities of the market for new homes than does the anachronistic maxim of caveat emptor”); Hines v. Thornton, 913 S.W.2d 373, 375 (Mo. Ct. App. 1996), quoting Smith v. Old Warson Dev. Co., 479 S.W.2d 795, 801 (Mo. 1972) (“The caveat emptor rule as applied to new houses is an anachronism patently out of harmony with modem home buying practices”).