Caveat Emptor Will not Apply if your House is Haunted as a Matter of Law
It is the end of October, which means we are so close to my third favorite holiday of the year: Halloween. As a kid, I always enjoyed the novelty of the day: dressing up as your favorite super hero or villain, ringing doorbells and plundering as much candy as one could dream of consuming. “ARGGG...he who has the most cavities wins” (in your best pirate voice). At Daily & Woods , there is candy located at the front desk year round. Feel free to come trick or treat anytime this week. Halloween also reminds me of a famous property law case that demonstrates a split from the general rule of caveat emptor. Arkansas real estate and property lawyers are surely familiar with the general rule of caveat emptor , which is often applied so long as both parties were in an equal bargaining position and had access to the same information about the property. In other words, "let the buyer beware" of all of the defects of the sel...