Pawlowski, Mark ORCID: https://orcid.org/0000-0002-5473-5809 (2023) No place like home. New Law Journal, 173 (8033). p. 22. ISSN 0306-6479 (Print), 2046-2239 (Online)

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Abstract

The article examines the American case of Stambovsky v Ackley (1991) 572 NYS 2d 672 (see also, [1992] Conv. 8-15), ) in which a vendor was found liable to his purchaser for failing to disclose alleged paranormal activity affecting the value of the property. The article also compares the decision with the legal position under English law which is exemplified by the decision in Sykes v Taylor-Rose [2004] EWCA Civ 299, which has held that a vendor is under no obligation to disclose defects which might affect the value of the land unless the seller's conduct constitutes active concealment or a positive misrepresentation.

Item Type:	Article
Uncontrolled Keywords:	vendor; sale of land; non-disclosure; paranormal activity; caveat emptor; active concealment; positive misrepresentation; value of land; rescission
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified:	01 Aug 2023 01:38
URI:	http://gala.gre.ac.uk/id/eprint/43174

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