v line




Follow Us!

Our Most Popular Article:
Power of Attorney
Our Most Popular Page:
Free Legal Forms
Our Newest Article: Personal Finance Guide




Lat. 'buyer beware.' This rule used to generally apply to all sales, especially between individuals. It gives the buyer full responsibility for determining the quality of the goods in question. The seller generally has no duty to offer warranties or to disclose defects in the goods.

This concept has been modified by various state and federal laws as well as principles such as consumer protection and disclosure statutes and implied warranties

i.e., of use, safety, etc. However, such things may provide incentive and redress, but not full protection against miscreants, so it is best to always be cautious.

Let the purchaser take heed; that is, let him see to it that the title he is buying is good. This was/is a rule of the common law applicable to the sale and purchase of lands and other real estate. If the purchaser pay the consideration money he cannot, as a general rule in every case, recover it back after the deed has been executed; except in cases of fraud, or by force of some covenant in the deed which has been broken. The purchaser, if he fears a defect of title, has it in his power to protect himself by proper covenants and if he fails to do so the law provides for him no remedy.

This rule was severely assailed as being the instrument of falsehood and fraud; but it was too well established to be disregarded and is still operative in many situations.