April 18, 2011

Bed bugs.

Practice point: A bug infestation is not a matter uniquely within a seller's knowledge, such that it requires disclosure by the seller. 

Students should note that if the contract specifically disclaims reliance on any representations as to the physical condition of the building, there is no claim arising from the seller's alleged misrepresentations that the building did not have a bedbug problem.

85-87 Pitt St., LLC v. 85-87 Pitt St. Realty Corp., NY Slip Op 02796 (1st Dept. 2011).

Tomorrow's issue is preliminary injunctions.