Boris v. Hill

This appeal arises from a dispute over the purchase and sale of residential realty. The main contention by the vendee is that the property contained a defective septic system and that the defects were concealed in an effort to induce a sale. The vendor submits, on the other hand, that a caveat emptor instruction should have been granted so the jury could have considered whether, upon diligent investigation, the vendee could have discovered the alleged defects. In our opinion, such an instruction should have been granted.

In 1976, James and Charlotte Boris (the Sellers) purchased a home in…