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NeCede's

Maxim 5.5.19

Be careful, purchaser.

Source: Wharton, III-38 Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The buyer must exercise caution and diligence before purchasing — the law places the burden of investigation on the purchaser.

Where this applies

  • A first-time home buyer fails to get an inspection before purchasing and discovers major foundation problems — the law says the burden of diligence was on the buyer.
  • A man buys a used tractor without checking for liens and later finds the bank has a claim on it — caveat emptor, the buyer should have investigated.
  • A collector purchases what is advertised as an antique clock without verifying its authenticity, and it turns out to be a reproduction — the buyer bears the risk of not being careful.

Legal domains

Cite this maxim

NeCede Max. 5.5.19 — Be careful, purchaser. — Wharton, III-38

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