IMAG0383[1]

The Nevada Supreme Court has ruled in:

LAND BARON INVESTMENTS, INC. vs. BONNIE SPRINGS 131 Nev., Advance Opinion 69

The holding confirms a 1993 case, Mackintosh v. Jack Matthews & Co., 109 Nev. 628, 633, 855 P.2d 549, 552 (1993). -“Nondisclosure arises where a seller is aware of materially adverse facts that “could not be discovered by the buyer” after diligent inquiry” – IN OTHER WORDS, if buyer is able to discover a material fact on its own, a seller does not have a duty to disclose it. In this case specifically the allegation was that a seller was a aware of a defect, that the buyer discovered during escrow.  The Court’s take on this was “..even if the Seller had known about these facts and not disclosed them, there would still be no viable nondisclosure claim because the facts were discoverable and the Buyer had an equal opportunity to discover those facts before closing.”

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