Implied Notice | Propertylogy

Implied Notice

By on January 16, 2019

An implied notice refers to a legal situation whereby a party involved is judged to have notice of certain events or circumstances as he or she has knowledge of facts pertaining to it.

They key to someone having served implied notice is that the facts that were available would be reasonable enough for the average person to be aware of the situation.

For example, if a home buyer attends an open house and after testing all the faucets discovers that none of them were working, and buys the house anyway, he is expected to have implied notice of the plumbing predicament that the property already has.

Unless there is verbal or written contract for the seller to fix the issues, the buyer cannot cry foul after taking over the premises.

Another example would be that a buyer finds that a property is occupied by tenants but did not ask the seller about the tenancy period before closing the transaction. Should it be discovered that the inherited tenants still have a year on the lease, he is expected to suck it up as he was well aware that there were already tenants on the property.

The law regarding implied notice serves to remind property investors and home buyers not be be ignorant when buying real estate.


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