Question

A seller's broker sold a property to a buyer. Four months later, when the first rains of the season began, the buyer discovered significant roof leaks. The buyer sued both the seller and the broker for the cost of repairs. The seller sued the broker in the same action since the seller had informed the broker numerous times that the building needed a new roof. The broker's testimony in court revealed the broker was aware of the leaky roof but had not mentioned it to the buyer since the issue of the leaking roof was not mentioned by the buyer. What is the most likely result of the court action?

Answer 1

Answer:The Court considers;

1. Was the leaking roof conspicuous for anyone to see.

2. Was it inconspicuous that requires one to be informed of it's existence.

Explanation:

If (1) is the case then the buyer is responsible for the leakage for he his assumed to have noticed it but do not see it as an issue.

If (2) is the case, the broker is responsible for he his expected to have informed the buyer since the leakage is not obvious on the building