Sentences with phrase «active concealment»

Quoting from Kezer v. Mark Stimson Associates, a case previously summarized in The Letter of the Law - click here to read, the court stated that an active concealment occurs when a party has taken steps to hide the true state of affairs from another.

The Neighbors alleged that the active concealment of the Purchaser's identity amounted to a fraudulent misrepresentation.

Additionally, the court found that it could be inferred that the Listing Agent's failure to reveal the Purchaser's true purpose for accompanying the Neighbors on the property viewing could be seen as part of the active concealment plan.

The trial court had ruled that the Neighbors had failed to produce any evidence of the Listing Agent and Purchaser's «active concealment» of the Purchaser's identity and so had ruled in favor of the Purchaser.

Marshall v. Gallinger Real Estate Co. (222 A.D. 2d 1101)- fraudulent misrepresentation; fraud cause of action fails where purchaser (i) noticed defective condition upon first visit to property, (ii) hired an engineer to inspect the property, and (iii) where there was no active concealment of defect.

The doctrine of caveat emptor applies to real estate transactions in Ohio, and so precludes recovery for fraud when: the purchaser could have discovered the alleged defect or condition on a reasonable inspection; the purchaser had the opportunity to make such an inspection; and the seller did not engage in active concealment of the condition.

The court ruled that under the doctrine of caveat emptor, neither the sellers nor the salespeople had a duty to disclose this information, since there was no active concealment and the information was available to the buyers in newspapers.

Not exact matches

As per Section 45 of the Insurance Amendment Act 2015, Reliance Life Insurance Company (the Company) would forfeit the entire premium paid by a policy holder in the event the Company identifies any active and deliberate concealment of a material fact by the policy holder and / or in the event the insurance policy is obtained from Reliance Life Insurance Company in a fraudulent manner.

2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure Statement; seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate

I tend to disagree with the lawyer in that saying something is «Wood ROT» when it is an active infestation and just replacing the wood to me whether it is intended or not is «fraudulent concealment».