City of Wilmington v. Merrick

The principle of caveat emptor applies with all its rigor to the purchase of real estate at a tax sale. Ordinarily, the holder of a tax deed executed pursuant to an invalid commissioner’s sale in a tax foreclosure suit may not obtain reimbursement from the taxing authorities.

The fundamental fairness and soundness of this rule is apparent. One who purchases at a tax sale does so without warranty, — and usually with the expectation of substantial profit. He is chargeable with knowledge that a commissioner’s deed is no more than a quitclaim deed. There “are no implied covenants with respect to…