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Sellers Had No Duty to Disclose Recorded Easement—Caveat Emptor

In affirming Supreme Court’s ruling that the defendants had no duty to disclose a recorded easement to the buyers pursuant to the doctrine of caveat emptor, the Second Department wrote:

“New York adheres to the doctrine of caveat emptor and imposes no duty on the seller or the seller’s agent to disclose any information concerning the premises when the parties deal at arm’s length, unless there is some conduct on the part of the seller or the seller’s agent which constitutes active concealment” …. “Mere silence on the part of the seller, without some affirmative act of deception, is not actionable as fraud”…. ” To maintain a cause of action to recover damages for active concealment, the plaintiff must show, in effect, that the seller or the seller’s agents thwarted the plaintiff’s efforts to fulfill his responsibilities fixed by the doctrine of caveat emptor”…. “Where the facts represented are not matters peculiarly within the party’s knowledge, and the other party has the means available to him of knowing, by the exercise of ordinary intelligence, the truth or the real quality of the subject of the representation, he must make use of those means, or he will not be heard to complain that he was induced to enter into the transaction by misrepresentations”…. Schottland v Brown Harris Stevens Brooklyn, LLC, 2013 NY Slip Op 03982, 2nd Dept, 6-5-13

 

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