Lawwly

Gray v. First NH Banks

Supreme Court of New Hampshire

640 A.2d 276 (1994)

Relevant factsFree

Gray and his family (plaintiffs), before finalizing their purchase of a lakefront bowling alley from First NH Banks (defendant) through agent La-Sal (defendant), learned from a former employee about significant septic-system defects, explicitly planned to use that knowledge to negotiate a lower price, and referenced the defects in their own purchase proposal; the final sales agreement didn't mention the septic issues, but a state statute required sellers of waterfront property to complete a sewage-system site assessment before listing the property, which the seller only obtained one day before closing. After experiencing septic problems post-purchase, the Grays sued for rescission based on the statutory violation and for fraud, but the trial court found the Grays' prior knowledge defeated both claims.

IssueFree

Whether a real-estate seller's violation of a statute entitles the buyer to rescission of the contract if the statutory violation did not actually cause the buyer's alleged injuries.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases