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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46114 Judge Straniere HOMEBUYERS SUED their lawyer and title abstract company for negligently failing to discover building department violations issued after the real estate sales contract was signed. A boilerplate clause in the standard form contract provided that seller was responsible for violations existing as of the contract date. The court dismissed plaintiffs’ actions. Noting seller’s disclosure form misrepresentations, the court found that plaintiffs did not prove that their lawyer could have known of the violations before closing. Expert testimony was needed to establish the title abstract company’s deviation from standards. Noting that absent modification the contract clause may relieve a seller from responsibility to correct violations imposed after a sales contract is signed, the court determined that the clause must be interpreted so as to make sellers responsible for correcting conditions that they created which result in violations, even if the violation is not imposed until after the contract is signed or closing occurs.

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