Prior to purchasing a commercial property, it is extremely important to perform due diligence which should go beyond reviewing the advertising and other promotional materials generated by the seller about the property.
The U.S. Court for the Eastern District of Pennsylvania in Schutter v. Herskowitz reaffirmed that principle when it concluded that a purchaser’s assumptions from such types of materials cannot be grounds for a lawsuit against the seller of the property if those assumptions were not actually directed by the seller to the buyer at the time the agreement of sale was entered into by the parties or even included as a term within the written agreement itself.
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