34 C.F.R. § 12.9
What warranties does the Secretary give?
The Secretary transfers or leases surplus Federal real property on an “as is, where is,” basis without warranty of any kind.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1982–2021 · leading case: Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.
Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. (1982)
“" 34 CFR § 12.9 (a) (1980). [5] The property which spawned this litigation was acquired by the Department of the Army in 1942, as part of a larger tract of approximately 181 acres of land northwest of Philadelphia.”
Katcoff v. Marsh (1984)
“The latter has been further defined by the third link in this chain, 34 C.F.R. § 12.9 (a) (1980), which provides for the computation of a “public benefit allowance,” discounting the transfer price of the property “on the basis of benefits to the United States from the use of…”
Ventura-Melendez v. United States (2021)
“” 34 C.F.R. 12.9. According to Plaintiff, “when in 2010 the government transferred the property to the Municipality, the residence of Ventura had been constructed 9 years before.”
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