Harold and Maude Entered
- Harold and Maude entered into negotiations with Sam to purchase Sam’s home. The home was not new, and Harold and Maude had some concerns that the roof might leak. Sam verbally assured them that the roof did not leak. The written contract entered into between Sam and Harold and Maude, however, did not contain any written warranties concerning the roof. The contract also contained a provision that stated that no agreements, representations, or warranties, unless expressly incorporated or set forth in the contract, would be binding on any of the parties. After Harold and Maude purchased the home, they discovered that the roof leaked every time it rained. Harold and Maude have come to the law firm where you are a paralegal and have asked for advice concerning their rights to sue Sam for his misrepresentation concerning the condition of the roof. You have been asked to research the issue and to report to your supervising attorney your conclusions concerning Harold and Maude’s rights against Sam for the roof leak. What would be your conclusion?
I would conclude that so that to hold the seller (Sam) liable/ accountable; then there must be a written warranty. The principle of “caveat emptor” requires that….Order Now to Read More….