Disclaimer Precludes Fraud Claim Against Seller
Laxer v. Edelman
NYLJ 7/22/10, p. 36, col. 1 and 2 AppDiv, Second Dept. (memorandum opinion)
In an action by home purchasers to recover damages from seller and broker for fraudulent inducement, purchasers appealed from Supreme Court's dismissal of the complaint against the broker, and seller appealed from Supreme Court's refusal to dismiss the complaint against seller. The Appellate Division affirmed with respect to the broker and reversed to dismiss the claim against seller, relying on inspection reports revealing the possibility of mold problems, and on the disclaimer clause in the sale contract.
In 2006, seller accepted purchasers' offer to buy
This premium content is locked for New York Real Estate Law Reporter subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN New York Real Estate Law Reporter
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.






