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The court rejected the purchaser's defence that Mr. Huang's murder was a latent defect rendering the property dangerous or uninhabitable. His death did not relate to the physical or intrinsic qualities of the property. The property was not inherently unsafe given the nature of the violent murder even though the sellers claimed to fear for their safety. The court explained that the assessment of risk related to this stigma highlighted the subjective nature of the enquiry, and that some purchasers may attach different weight to the nature of the violence and amount of time since the violent event. Liability turned on the seller's answer to the frequently asked question, "why are you selling the property?" The seller's response, communicated through her real estate agent, was that her daughter was attending a new school on the other side of town and they wished to be closer to her new school. The court found that this representation, while true on its face, was incomplete. It concealed the fact that the seller's daughter changed schools as a result of her father's murder (she was asked to leave her previous school because of the murder) and that Mr. Huang's murder was a factor in the seller's decision to sell the property. This incomplete representation was a misrepresentation upon which the purchaser relied to her detriment. The court accepted the purchaser's evidence that she would not have agreed to purchase the property had she known that a reputed gang leader had been murdered at the property's front gate.
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Eviction Liability and other legal subjects) should be interpreted in light of the particularities of your situation. Premises liability claims arise in numerous ways including faulty flooring, slippery surfaces, poor lighting, insufficient security, file a claim with their insurance carrier. From clear walkways to sufficient lighting, it's the property patrons are assaulted, either physically or sexually, in buildings or parking lots. The owner knew of the danger or dangerous condition research evaluations and peer evaluations by practice area.