N.Y. Homebuyer Can't Sue Over Known Non-Disclosures By Sellers

MINEOLA, N.Y. - A homebuyer who went through with a purchase despite receiving an incomplete seller's disclosure form cannot pursue misrepresentation claims against the seller, a New York trial court decided recently. Gabberty v. Pisarz, et al., No. 18668/03 (N.Y. Sup., Nassau Cty.).

Nassau County Supreme Court Justice Robert Roberto Jr. held that it would violate the legislature's intent in mandating a standard disclosure form to allow a buyer to recover after failing to order an inspection or take some action where a seller failed to answer questions on prior flooding or water seepage.

Judge Roberto also found that because …