Alabama Court Declares Buyer Beware Valid Legal Principle

Real estate law is captivating owing to all of the many intricacies that exist - between the states, in fact! To illustrate, in Alabama, you can't just rescind your purchase even in cases of seller fraud - yep, even if it is obvious from the evidence that deliberate fraud was involved! Alabama case law takes the old adage "buyer beware" very seriously - rather literally, even, as regards sales of used housing. In Teer v. Johnston, the judge concluded that even if the defendant made a false pre-sale disclosure warranting something that is false, the defendant also cancelled that discloure (which means everything relating to it, including its very falsehood) by the provision of an "as-is" clause in the final sales contract. Meaning: buyer has no legal recourse for recovery despite the misrepresentation - despite any misrepresentation - as long as an as-is clause has not been challenged in the sales contract or the deed to the property when in Alabama!

Details are plentiful in life, and the law is no different: that as-is clause would have been no good at all had the misrepresentation involved an unobservable defect that could ruin health or safety. Such intricacies are what make real property law so interesting, and why there are a great deal of blogs devoted to the latest cases involving property law from across the country. By attentively following such websites, one does not have to be a professional developer like Isaac Toussie so as to understand all the possible pitfalls that can exist where real estate transactions are involved! Indeed, something as definitely complex as a real estate deal will require much consideration as a matter of course, and the sensible consumer will check with a variety of properly licensed and otherwise qualified professionals when coming to any decision of importance, from brokers and agents to lawyers and appraisers.

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