A certificate of title — issued by a title company that did the title search — offers no protection against
any hidden defects in the title which an examination of the records could not reveal.
In addition, buyers and buyer salespeople should always ask sellers and the sellers» salesperson point blank if there are
any hidden defects in the property that they should know about, and make a note about anything that is said to you.
Not exact matches
Plaintiffs alleged that First Solar
hid these
defects and their cost and scope from the market and misrepresented key data
in their financial statements.
It is not that repentance precedes an awareness of acceptance and hence the opening of new opportunities; rather, it is that when one knows through the action of God
in the event of Jesus Christ that one is already accepted and forgiven by God the great Lover of the world, one's only response can be, «I am unworthy,» Because I am already and always accepted by God, who is the One «to whom all hearts are open, all desires known, and from whom no secrets are
hid», who knows each of us better than any of us can know ourselves, then I am impelled to see my own inadequacy,
defects, failures, and wrongs.
Inbreeding is usually bad news for offspring because they are more likely to display genetic
defects hidden in the recessive genes of their parents.
«Because individuals carrying a single mutant copy of a gene often mate with an individual with two normal copies of gene,
defects can be
hidden for a generation and then show up
in the grandchildren,» Bier adds.
Very high cholesterol levels are indicators of inflammation, and inflammation comes from a lot of sources: high sugar, junk food diets, yes, too much saturated fat,
hidden infections, high histamine levels from food sensitivity and allergic reactions as well as genetic
defects in the enzymes that break down histamine, pesticides and other chemicals, and even stress!
A genius chocolatier who closes his factory
in response to competitors pinching his inventions, the protective Wonka
hides the tickets at random, but four of them go to children with obvious character
defects: Germany's gluttonous Augustus Gloop (Philip Wiegratz), video game - obsessed Mike Teavee (Jordan Fry), incessantly gum - chewing Violet Beauregarde (AnnaSophia Robb), and the utterly spoiled Veruca Salt (Julia Winter).
Since we can not easily see existing formatting errors
in the word processor, we are always teetering on the edge of
hidden defects using this methodology.
Even newly constructed homes can have
hidden defects which will cost you money
in the long run - hiring a trained professional to inspect your home before purchase can save you money and headaches down the road.
Agents need to be mindful that if they have knowledge of a
defect, patent (obvious) or latent (
hidden), this information needs to be «disclosed»
in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation
in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed
in some manner,
in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous
in any sort of turbulent down - turning market.
Pay a little more for a Home Inspection now and you won't have to pay more after you move
in or when you sell your home due to unexpected repairs (excluding normal wear and tear and potential
hidden defects).
If all testing is normal
in a dog with partial seizures, many neurologists consider these to be «Cyptogenic» (meaning
hidden) seizures that actually have an underlying structural abnormality (i.e. SES), that is undetectable using current methods.5 It is controversial whether partial seizures might be caused by a genetic
defect.
Mechanical engineers like me call this the «
hidden load» or the «latent load» (as
in «latent
defect» or «
hidden defect») and our heads explode when we try to explain this problem to the indoor air crazies who think that only dilution is the solution to indoor pollution.
In groundbreaking litigation at the forefront of what would become a Department of Justice investigation and the largest defective product recall in automobile history, Ms. Mincey alleged that the airbag system in her car, manufactured by Takata Corporation, was defective and that Takata knowingly hid the defect from consumer
In groundbreaking litigation at the forefront of what would become a Department of Justice investigation and the largest defective product recall
in automobile history, Ms. Mincey alleged that the airbag system in her car, manufactured by Takata Corporation, was defective and that Takata knowingly hid the defect from consumer
in automobile history, Ms. Mincey alleged that the airbag system
in her car, manufactured by Takata Corporation, was defective and that Takata knowingly hid the defect from consumer
in her car, manufactured by Takata Corporation, was defective and that Takata knowingly
hid the
defect from consumers.
(2) Goods are of acceptable quality if they are as: (a) fit for all the purposes for which goods of that kind are commonly supplied; and (b) acceptable
in appearance and finish; and (c) free from
defects; and (d) safe; and (e) durable; as a reasonable consumer fully acquainted with the state and condition of the goods (including any
hidden defects of the goods), would regard as acceptable having regard to the matters
in subsection (3).
A clear example of a
hidden defect would be the recent recall from Mattel of toys made
in China.
Successfully argued that the size of the hole made it open and obvious,
in addition to convincing the Court that Valley Street, Ltd. acted with reasonable care
in inspecting the property for
hidden defects.
So, for example, one court held that a hospital is not strictly liable for injuries resulting from
hidden defects o its premises, since the provision of a hospital room is
in the nature of providing professional services rather than a product.
Where the SPIS really changes things is
in the middle ground: latent
defects where the question is whether the
defect was
hidden by the seller.
If the seller discloses it
in the SPIS, and the buyer still goes ahead with the transaction, the seller is protected from a claim that they
hid the
defect (at least
in theory).
This would lead to absurd results: a person telling a divorcing friend to ask for alimony, another telling his neighbour to file for the annulment of the sale of a house due to
hidden defects, or a professor giving concrete examples
in class could then all be
in violation of the Act.
Mr. Mah
in the comments kindly linked to this story about how Lululemon is facing a shareholders lawsuit alleging it
hid knowledge of the
defects in the yoga pants that made them sheer.
Creating an Old World look «Patene Artectura [R] creates a mottled patina - like finish that does not
hide surface
defects or existing color discoloration, but rather works
in conjunction with the substrate to produce a variegated finish or Old World look,» says Stewart.
Perhaps this is ORE's version of its own
in - house Latent
Defect re the SPIS's true /
hidden purpose, being to further facilitate the...» SELL!
Ostensibly, this is
in order to comply with the existing legal requirement imposed on all sellers to disclose
hidden material
defects in the property.
This piece of worthless garbage (the SPIS) is nothing more than a smoke - screen vehicle to be adopted by sellers (whether honest or dishonest
in nature, not to mention their ignorance of the state of their own properties)
in pursuit of facilitating smooth sales whereby sales would be more difficult to achieve without the supposed «feel good» SPIS boxes being initialed «yes» or «no», as the case may be, reflecting the negative reality, or positive unreality, as the case may be, of the condition /
hidden defects of the said listed properties.
This situation often arises
in the case of a latent
defect, where the seller actively, deliberately and dishonestly conceals a
defect or suppresses information about a
hidden defect.
Agents need to be mindful that if they have knowledge of a
defect, patent (obvious) or latent (
hidden), this information needs to be «disclosed»
in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation
in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed
in some manner,
in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous
in any sort of turbulent down - turning market.
For example, if a buyer purchases a condo on Miami Beach, only to discover after he or she moves
in that the condo's central air conditioning does not adequately cool down the property, then he or she has a warranty claim against the seller because a latent
defect (a
hidden defect) caused a failure of the ac unit to meet ordinary, normal standards reasonably to be expected of a condo of comparable kind and quality.
Homebuyer sued the sellers and sellers» representative, claiming that repairs were not made as agreed to
in the contract, that
defects were
hidden, and that the defendants made misrepresentations regarding the septic system.
The buyer, on the other hand, is buying a monstrosity and is certain there are
hidden defects the seller is withholding — that
in all likelihood the buyer is making the biggest mistake of a lifetime, on top of getting royally ripped off
in the process.
The court ruled that the owner had no duty to warn the customer because the staircase wasn't a
hidden defect — and
in any case, the customer didn't fall because of the broken light.