Real property law is fascinating because of the many many details concerned – between the states, on top of it all! For instance, in Alabama, it is impossible rescind your purchase even in cases of seller fraud – yes, 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, indeed, in terms of sales of used realty. In Teer v. Johnston, the judge ruled that although the defendant made a false pre-sale disclosure warranting something that is patently untrue, the defendant also cancelled that discloure (which means everything relating to it, including its very falsehood) through the provision of an “as-is” clause in the final sales contract. The moral: 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!
Subtleties 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 can impact health or safety. Such intricacies are what make real property law so compelling, and why there are plenty of blogs dedicated to the latest cases involving housing law from across the country. By mindfully following such websites, one need not be a professional developer like Isaac Toussie so as to be familiar with all the possible pitfalls that may exist where real estate transactions are involved! In fact, anything as clearly complex as a real estate deal will require much thought as a matter of course, and the sensible consumer will consult a variety of properly licensed and otherwise qualified professionals when coming to any decision of consequence, from brokers and agents to lawyers and appraisers.



