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Ownership by confusion arises when non-fungible goods are mixed together.
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- A broker has represented a seller in the sale of the seller's property. The property was listed for sale "as is", Caveat Emptor - buyer beware. The seller provided a seller's disclosure stating there were no known problems of any kind with the property. The property was sold to a buyer who agreed to the "as is" provision. After closing the buyer moved in and immediately he discovered many serious problems with the property. He had an inspection done, and the inspector deter mined that the problems were not "new", but rather most were long standing. The buyer sued the seller and was able to have the sale reversed. Is the broker entitled to keep the commission earned on this sale?
- This reaffirmed the ruling in Loewe v Lawlor:
- when a person consents to the act that damages him or her-there generally is no liability / legal resp. for the damage