Real Estate Fraud Concerns
Summary
Failing to disclose material facts, such as nearby oil reserves, in a real estate transaction can be considered fraud in Oklahoma. In personal injury cases, liability often depends on negligence and foreseeability. If actions were not negligent and the accident was unforeseeable, liability may not be established. Consult legal counsel for specific advice.Full Conversation
A buyer of a plot of Oklahoma land is a manager at a large oil company. The seller of the land is a retired teacher. The buyer learned from his job that the land next to the one he intends to purchase just found a huge oil reserve that likely extends to neighboring lots. If the buyer does not mention the oil “strike” (oil finding) to the seller his silence could likely be a form of fraud.
True
False
In this scenario, the answer is likely "True." If the buyer knows of a material fact that could significantly affect the value of the land and chooses to remain silent, it could be considered a form of fraud or misrepresentation. However, laws can vary, and it's important to consult legal counsel for specific situations. Is there anything else you need to know about real estate transactions?
One day, Mr. Q was outside playing baseball with his daughter in their front yard. When he was tossing the ball to her, he missed and the ball went right into the street and shattered the windshield of a car driving by. The driver was startled and ran right into a tree.In a subsequent lawsuit the driver claimed that Mr. Q was liable for the damage to her car. Mr. Q’s attorney admitted that “but for” the baseball going into the street there would not have been damage to the car, but still maintained that Mr. Q was not liable for the damages. Who most likely wins?
All of these
The jogger
Mr. Q
None of these
The driver
In this scenario, Mr. Q is likely to win. While the baseball hitting the car was a contributing factor to the accident, liability often depends on foreseeability and negligence. If Mr. Q wasn't negligent in his actions (e.g., playing baseball in a reasonably safe way), he may not be held liable.
the correct answer is the driver
It sounds like you're dealing with a scenario involving potential liability in a personal injury case. In Texas, determining liability often involves assessing negligence and foreseeability. If Mr. Q's actions were not negligent and the accident was unforeseeable, he may not be held liable. Do you have any questions about Texas negligence laws?