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![]() SIGNED TROY AIKMAN & DARRYL JOHNSTON DALLAS COWBOYS MINI HELMET JSA#G88095 US $225.00
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![]() Daryl Johnston Dallas Cowboys Thomas Hand Signed 4x6 Photo COA US $14.99
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Johnston Signed
Kristen Johnston - Signing Autographs at Bride Wars Premiere in NYC
It's Alabama: They Do Things Differently Down There
No need to be an industry insider like Isaac Toussie to know that different states of the United States will frequently view real estate matters markedly differently. This is part of what makes real estate law so very interesting, after all - and often so challenging! Take Alabama for an example. There, property buyers cannot rescind their purchases even in cases of demonstrable seller fraud - when that property has been bought on a strictly "as-is" basis. Yes, it's true: Alabama case law takes the old dictum of caveat emptor very, very seriously, to the point of, in effect, allowing for otherwise illegal activity!
The Yellowhammer State takes the notion of "as-is" so literally that unless somehow superseded, the terms means exactly just that, even if the seller described the property with lies. That's right, it's really been upheld that misrepresentations are entirely legal under that basis.. Most anywhere else that's just fraud and will probably lead to some jail time, but an Alabama court has ruled that as the as-is clause in the sales contract was not superseded by any other provision signed onto by both parties, the as-is clause shall be taken literally!
That was an ambiguous situation in the eyes of Alabama law, but the law itself in Alabama is actually not quite as simplistically draconian as the quick snapshot of the case provided here would suggest. Such strict interpretations of an as-is clause only apply to used property in the state, and not to new developments. Another caveat to the caveat emptor ethos governing Alabama real estate is that misrepresentations that are not obvious but potentially harmful to health or safety will not be tolerated.
In this case, Teer v. Johnston, however, while the misrepresentation of flooding is indeed not something immediately obvious, it was not considered harmful to health and safety, making nothing more than an inconvenience or nuisance at most. What plaintiff ought to have done was to provide either in the sales contract or the deed that pre-sale disclosures should survive the execution of the deed!
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