a handy book on property law in a series of letters

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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 28 NEGLECT TO EXAMINE TITLE. LETTER V. I Shall now dismiss you from your character of a seller, and treat you as a Buyer. In running over, in my last Letter, the misstatements which a seller may with impunity make, I of course was looking to the situation in which I now consider you to stand ; for when you know how far an unprincipled vendor may with safety go, you can guard against fraud by not trusting to misrepresentations which are made without fear of retribution. If you should have a right to avoid a purchase on the ground of fraudulent representations by the seller, you ought at once to exercise your right, and not go on dealing with the property as the owner of it, for such conduct may amount to a waiver of your right to rescind the contract. With the exception of a vendor, or his agent, suppressing an encumbrance, or a defect in the title, it seems clear that a purchaser cannot obtain relief against him for any encumbrance or defect to which his covenants do not extend; and therefore if a purchaser neglect to have the title investigated, or his counsel overlook any defect in it, he has no remedy beyond what the seller's covenants may afford. It has even been laid down, that if one sell another's estate, without covenant or warranty for the enjoyment, it is at the peril of the purchaser, because he might have looked into the title ; and there is no reason he should have an action by the law, where he did not provide for himself I may remark, by the LIABILITY OF LAWYERS.—RIGHT OF WAY. 29 way, that as counsel, that is, barristers, have no remedy for recovery of their fees, which are considered purely gratuitous and honorary, they are not deemed liable to their clients for any blunders which they commit, however gross. But it is otherwise as to attorneys;...
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