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NeCede's

Maxim 5.5.16

Purchaser without notice is not obliged to discover his own hurt.

Source: Inst. n. 4336; 4 Bouv; Weisman, 13l Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A bona fide purchaser without notice of a defect in title is not required to investigate beyond what appears on the face of the transaction — the law protects innocent buyers.

Where this applies

  • A buyer purchases a house without knowing about a hidden lien — the law does not require the innocent buyer to uncover defects that were not disclosed or apparent.
  • A woman buys a used car at a dealer and later discovers the title was clouded by a prior dispute she had no way of knowing about — she is protected as a purchaser without notice.
  • A man buys land at auction and finds out years later that there was an unrecorded easement — since he had no notice and no duty to dig deeper, his title is protected.

Legal domains

Cite this maxim

NeCede Max. 5.5.16 — Purchaser without notice is not obliged to discover his own hurt. — Inst. n. 4336; 4 Bouv; Weisman, 13l

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