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Questions about Caveat

What is a caveat?

In the general sense, caveat in Latin means warning. When the term “caveat emptor” is used it means “buyer beware” or buyer is warned. Caveat is also used to describe an exception or a condition to a particular situation. For example: A says to B, “I agree to accept your terms but with a caveat.” In the judicial sense, a particular type of legal notice addressed to a court or a public officer to suspend proceedings until the petitioner is allowed a hearing, is referred to as a caveat. An illustration of this would be a caveat filed against probate of will.

Can a landlord add a caveat to a lease in the middle of term?

A lease is a contract which is agreed upon and signed by both parties. It cannot be amended unless both parties agree to the changes. You cannot be coerced to agree to any change in the contract during the term of the lease. Once the lease has completed its course, the parties can re-negotiate the terms and conditions.

I bought a used car from the dealer in an “as is” condition. However the mechanic has declared the car unsafe and not viable. Is the dealer allowed to sell such a car and do I have any rights?

In most cases, the law for “as is” sales implies the risk of any unseen defects is the liability of the buyer. One needs to be aware “as is” sales are done under the principle of “caveat emptor” or “buyer beware” used by courts. In this case you as the buyer are required to inspect the vehicle prior to purchase. If the damage of the vehicle was very evident, as a buyer you would have noticed it. Your option in this situation is to prove the seller intentionally misrepresented the defect in the car which made it unsuitable for its intended purpose. This is a breach of implied warranty of merchantability. Hence you may have a potential claim against the seller. You would first need to file a complaint with Attorney General’s Consumer Protection Division and the Better Business Bureau. If these entities cannot resolve the dispute you can sue in court and would be entitled to seek damages or seek cancellation of the contract.

In Florida, once a person passes away, what is the time period after which the deceased will is read?

As per Florida law, a creditor needs to file a claim in the Florida probate estate within two years from the date of death of estate owner. A caveat can be filed with the probate court. Once the caveat is filed, the person who has filed is entitled to formal notice of the petition for administrative purposes and even has the opportunity to object to the will prior to it being admitted to probate. The result of the caveat is that the will is contested before it is admitted to probate. For example, once the will is submitted to probate, the decedent’s records are completely accessible to the personal representative defending the will. Additionally the personal representative can make use of the estate funds to defend the contest.

In business law, what are the exceptions to caveat emptor?

There could be many exceptions to the caveat emptor. Some of which are implied warranty of merchantability along with when and where, applicable the implied warranty of fitness for the intended purpose. Warranty extended by manufacturers and sellers are also exceptions. There are other similar aspects as well which could be exceptions.

How do I draft a caveat to challenge the probate of a will due to undue influence of daughter in law and grandson?

The caveat should include a series of chronological incidents along with dates, timelines and/or actions which constituted as undue influence on the creator of the will. It should also include the creator’s response to these actions, his/her mental makeup at that point in time, what alterations were made in the will after the acts of coercion, and so on. This is a start to drafting a caveat of this type. It would be better to seek legal advice to verify the caveat before filing.

Caveat as stated can be a warning or a condition. As a buyer or seller the caveat plays an important role when it comes to sale of goods and commodities. Fulfillment of a caveat in a contract or agreement can also make the contract valid. To know more about caveats and have your questions answered, consulting Experts will be help to provide the right and relevant information.
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