Real Estate Transactions: Latest Information on Liability for Pre-Contractual Information Provided by Sellers and Real Estate Agents

    View Author April 2016

    If an individual selling real estate or its agent provides incorrect information about the real estate prior to the conclusion of the purchase agreement, the seller can generally consider itself exposed to a liability for information based on pre-contractual fault as well as a warranty liability on account of a defect of the purchased object. Because the liability for information after the transfer of risk can regularly only be invoked in the case of a willful breach of duty on the part of the seller and it is often difficult for the buyer to prove the willful intent of the seller, a warranty liability is also becoming a focus with respect to any pre-contractual information provided by the seller.