What constitutes a defect in real property?

Article Abstract:

Laws requiring property sellers to disclose material physical defects in a home are being expanded through litigation to require disclosure of psychological facts affecting the home's value, such as murder, AIDS infection of previous occupants or the presence of ghosts. Inconsistent state case law, especially in the area of AIDS, has left sellers and their agents unsure about their duty to disclose non-physical facts. States need to adopt legislation that will temper the right to privacy and the right not to be discriminated against in housing with the duty to disclose property defects.

Product defects and recalls, Real estate, Malpractice, Real property

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Past or present environmental contamination: another disclosure duty for a real estate broker?

Article Abstract:

Real estate brokers may have a duty to buyers to disclose knowledge of environmental contamination, even if the pollutants have been removed. The 1992 Grube and the 1995 Strawn decisions imply that residential brokers, lenders, and sellers may have a duty to make these types of environmental disclosures, which traditionally have concerned commercial brokers only. The actual knowledge standard on environmental disclosures previously applicable to residential brokers is changing, so all environmental issues should be investigated and disclosed.

Liability for environmental damages, Hazardous substances

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Habitat modification revisited: Supreme Court upholds government's right to regulate private property use

Article Abstract:

The Supreme Court's decision in Babbitt overturned a D.C. Circuit' decision restricting the laws protecting endangered species, and granted a broad definition of the term 'harm' in the Endangered Species Act. The decision is seen as a major blow to the property rights movement, who had sought to establish a limited definition of 'harm' through such litigation. Critics claim that the decision will all but halt land development, putting thousands out of work.

Cases, Endangered species, Right of property, Property rights

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