Declarations of the Parties to the Contract

Courts tend to change their minds about the proper balance between the seller’s debts and the buyer’s debts. Whereas in the past, the Supreme Court tended to the rule of “beware of the buyer” (caveat emptor), today, the trend is that “beware of the seller.”
It is not the buyer’s responsibility to inspect the apartment he is about to purchase, but the seller’s.
He must declare positively about defects that exist in the apartment.

The Sale Act completely precludes the buyer’s ‘view’ and allows the buyer to rely almost exclusively on the seller’s description of the sale, and the charges agreed to in the contract.
Under the Sale Act, the law will not be different even if the buyer had a reasonable opportunity to inspect the sale and did not take advantage of it or took advantage of it but, due to his negligence, did not discover the defect in the sale.

The duty of disclosure is one of the clearest reflections of the principle of good faith and is in stark contrast to the approach of English law, in which the principle of the rule is according to which ‘the buyer will be careful.’

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