caveat emptor doctrine (South Carolina) · Go Syfert
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caveat emptor doctrine in South Carolina

14 South Carolina opinions name it 2 courts 1877–2023 1 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Rutledge v. Dodenhoffgreen
sc · 1970 · cited in 5 South Carolina opinions naming this issue, 1972–2011
2 sentences

2011See Rutledge v. Dodenhoff, 254 S.C. 407, 412 , 175 S.E.2d 792, 794 (1970) ("The doctrine of caveat emptor . . . has, in the absence of fraud and misrepresentation long governed the obligations of the parties in the sale of real estate in this State.").

2011See Rutledge v. Dodenhoff, 254 S.C. 407, 412 , 175 S.E.2d 792, 794 (1970) ("The doctrine of caveat emptor . . . has, in the absence of fraud and misrepresentation long governed the obligations of the parties in the sale of real estate in this State.").

35
Sapp v. Ford Motor Co.green
sc · 2009 · cited in 3 South Carolina opinions naming this issue, 2016–2023
2 sentences

2023Horton, Inc., 417 S.C. at 50 , 790 S.E.2d at 4 (citing Sapp v. Ford Motor Co., 386 S.C. 143, 147-48 , 687 S.E.2d 47, 49-50 (stating that South Carolina's "courts have shifted from following the doctrine of caveat emptor ('let the buyer beware') to the doctrine of caveat venditor ('let the seller beware')")).

2023Horton, Inc., 417 S.C. at 50 , 790 S.E.2d at 4 (citing Sapp v. Ford Motor Co., 386 S.C. 143, 147-48 , 687 S.E.2d 47, 49-50 (stating that South Carolina's "courts have shifted from following the doctrine of caveat emptor ('let the buyer beware') to the doctrine of caveat venditor ('let the seller beware')")).

23
Kennedy v. Columbia Lumber & Manufacturing Co.green
sc · 1989 · cited in 2 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016Co., 299 S.C. 335, 343 , 384 S.E.2d 730, 735-36 (1989); cf. Sapp v. Ford Motor Co., 386 S.C. 143, 147-48 , 687 S.E.2d 47, 49-50 (2009) (stating that South Carolina’s “courts have shifted from following the doctrine of caveat emptor (‘let the buyer beware’) to the doctrine of caveat venditor (‘let the seller beware’)”).

2016Co., 299 S.C. 335, 343 , 384 S.E.2d 730, 735-36 (1989); cf. Sapp v. Ford Motor Co., 386 S.C. 143, 147-48 , 687 S.E.2d 47, 49-50 (2009) (stating that South Carolina’s “courts have shifted from following the doctrine of caveat emptor (‘let the buyer beware’) to the doctrine of caveat venditor (‘let the seller beware’)”).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Lawson v. Citizens & Southern National Bank Ex Rel. Will of Cleveland green
sc · 1972
2 sentences

1993Bank of S.C., 259 S.C. 477 , 193 S.E.2d 124 (1972), we said: "... the doctrine of caveat emptor does not apply in cases of fraud." Henderson also argues in his brief that by assuming responsibility to repair all damage to the property, Nine took it upon himself to determine the extent of damage.

1993Bank of S.C., 259 S.C. 477 , 193 S.E.2d 124 (1972), we said: "... the doctrine of caveat emptor does not apply in cases of fraud." Henderson also argues in his brief that by assuming responsibility to repair all damage to the property, Nine took it upon himself to determine the extent of damage.

31980–1993
Smith v. D.R. Horton, Inc. green
sc · 2016
2 sentences

2023Horton, Inc., 417 S.C. at 50 , 790 S.E.2d at 4 (citing Sapp v. Ford Motor Co., 386 S.C. 143, 147-48 , 687 S.E.2d 47, 49-50 (stating that South Carolina's "courts have shifted from following the doctrine of caveat emptor ('let the buyer beware') to the doctrine of caveat venditor ('let the seller beware')")).

2023Horton, Inc., 417 S.C. at 50 , 790 S.E.2d at 4 (citing Sapp v. Ford Motor Co., 386 S.C. 143, 147-48 , 687 S.E.2d 47, 49-50 (stating that South Carolina's "courts have shifted from following the doctrine of caveat emptor ('let the buyer beware') to the doctrine of caveat venditor ('let the seller beware')")).

12023–2023
Frasher v. Cofer green
sc · 1968
1 sentence

1970Frasher v. Cofer, 251 S. C. 112, 160 S. E. (2d) 560 .

11970–1970
Lowe v. FRANCIS CONSTRUCTION COMPANY green
okla · 1962
1 sentence

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Glisan v. Smolenske green
colo · 1963
2 sentences

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Belote Ex Rel. Parker v. Memphis Development Co. green
tenn · 1961
2 sentences

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Carpenter v. Donohoe green
colo · 1964
2 sentences

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Sabella v. Wisler green
cal · 1963
2 sentences

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Dow v. Holly Manufacturing Co. green
cal · 1958
1 sentence

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Waggoner v. Midwestern Development, Inc. green
sd · 1967
1 sentence

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Vanderschrier v. Aaron green
ohioctapp · 1957
1 sentence

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Leigh v. Wadsworth green
okla · 1961
1 sentence

1968Where the vendor is also the builder he is today, by the weight of modern authority, held liable for damages and injuries occurring after the surrender of title and possession, on one or more of three theories: (1) Implied warranty, an issue not raised in this case; (2) an imminently dangerous condition caused by negligence in construction, and (3) the following proposition from Sec. 353 of the Restatement of the Law of Torts, 3d Ed. “(1) A vendor of land who conceals or fails to disclose to his vendee any condition whether natural or artificial, which involves unreasonable risk to persons on

11968–1968
Jackson ex dem. Tracy v. Hayner green
· 1815
1 sentence

1877Hayne, ( 12 Johns., 469 ,) cited to sustain the decision below, cannot be regarded as authority upon the question we are considering, for there the action was by a purchaser at Sheriff’s sale, to which the doctrine of caveat emptor applies, the purchaser only getting whatever title the defendant in execution may have had, and of course, therefore, if the assignment of the lease under which such defendant held was void for fraud, the purchaser, though innocent of any participation in or knowledge of such fraud, bought nothing.

11877–1877

Where else courts name it

NY 74 (1914–2026) OH 70 (1910–2026) AL 42 (1871–2016) NJ 22 (1925–2019) GA 21 (1923–2008) FL 21 (1954–2021) IL 20 (1924–2021) OK 20 (1910–2019) MO 19 (1907–2016) WA 18 (1909–2020) CA 17 (1902–2011) VA 15 (1978–2008) PA 14 (1965–2023) SC 14 (1877–2023) NC 12 (1874–2020) KY 11 (1915–2006) TX 10 (1959–2019) MS 9 (1946–2015) TN 7 (1932–2026) WY 7 (1931–2007) IN 7 (1932–2006) IA 7 (1914–2008) AZ 6 (1963–2021) WV 6 (1914–1997) MA 6 (1878–2002) MD 6 (1872–2008) DE 5 (1948–2023) RI 5 (1994–2005) UT 4 (1922–2002) AK 4 (1980–2014) WI 4 (1920–2017) CT 4 (1970–2003) MI 4 (1917–1970) ME 4 (1922–2025) AR 3 (1884–1983) CO 3 (1915–1995) MT 3 (1981–1989) KS 3 (1912–1940) DC 2 (1992–2014) OR 2 (1906–1922)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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