1. After living in his home for three years,
Roger Nathaniel sold this home to Marc Copland.
Nathaniel and Copland hired a pest control company to inspect the
home. Prior to the selling of the home,
the pest control company reported that
there was evidence of a previously treated infestation of termites but that no
evidence of active infestation was found.
The contract specified that the purchaser had inspected the premises and
agreed to purchase it “as is.” A year
later, Copland discovered that levels of chlordane were present on the
property. They also discovered that the
home had been treated 10 years earlier for termites. At that time, chlordane was the chemical used
to remove termites. Despite a
toxicologist’s report that the level of chlordane did not constitute a health
concern, Copland spent $50,000 removing the contaminated soil from his
property. He brought a lawsuit against
Nathaniel for the cost of the soil removal and failing to inform him of the
previous damage done by termites. In whose favor do you think the court will
decide? Why? Fully explain your answer.
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