Legal Opinion · Dissent

Dickerson v. Strand

Indiana Court of Appeals

Decided April 24, 2009No. 54A01-0807-CV-334Published

1DissentVaidik, Judge

1 respectfully dissent. However, I wholeheartedly join with my colleagues in asking that our Supreme Court examine the common law rule that a residential real estate buyer may not rely upon a seller's assertions regarding the property where the buyer has the reasonable opportunity to inspect the property in light of Indiana's disclosure form statute.

The majority is correct that Indiana common law long placed the burden upon buyers of real property to inspect the property and bear the risk when they fail to do so:5 "It is well settled that 'a purchaser of property has no right to rely upon the…

2Cases cited12 opinions

  1. Theis v. HeuerIndiana Supreme Court · 1972
  2. Cagney v. CusonIndiana Supreme Court · 1881
  3. Shepard v. GobenIndiana Supreme Court · 1895
  4. Fimbel v. DeClarkIndiana Court of Appeals · 1998
  5. Indiana Bank & Trust Co. of Martinsville v. PerryIndiana Court of Appeals · 1984

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