Fletcher v. Edwards’s Empirical Analysis

Citation profile

35 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) a material representation; (2) which was false; (3) which was known to be false when made or was made recklessly as a positive assertion without knowledge of its truth; (4) which was intended to be relied upon; (5) which was relied upon; and (6) which caused injury.”

   2 later decisions quote this exact passage · from the majority
   e.g. Larsen v. Carlene Langford & Associates, Inc. · Procter v. RMC Capital Corp.

2. “By our holding today we do not suggest that an “as is” agreement can have this determinative effect in every circumstance. A buyer is not bound by an agreement to purchase something “as is” that he is induced to make because of a fraudulent representation or concealment of information by the seller.... Also, a buyer is not bound by an “as is” agreement if he is entitled to inspect the condition of what is being sold but is impaired by the seller’s conduct. A seller cannot obstruct an inspection for defects in his property and still insist that the buyer take it “as is”. In circumstances such as these an “as is” agreement does not bar recovery against the seller. We also recognize that other aspects of a transaction may make an “as is” agreement unenforceable. The nature of the transaction and the totality of the circumstances surrounding the agreement must be considered. Where the “as is” clause is an important part of the basis of the bargain, not an incidental or “boiler-plate” provision, and is entered into by -parties of relatively equal bargaining position, a buyer’s affirmation and agreement that he is not relying on representations by the seller should be given effect.”

   1 later decision quote this exact passage · from the majority
   e.g. Cherry v. McCall

3. “I/We have been advised by the named Realtor/Real Estate Company to make any and all inspections of subject property either by myself or anyone that I wish to employ, such as a licensed real estate inspector. I have made all inspections or have had an employee of my choice to make them for me. I accept the property in its present condition and am satisfied with all the inspections and any repairs that were required. Broker and sales associates shall not be liable or responsible for any inspections or repairs pursuant to this Contract and Addendum even in event of a problem that has been overlooked by any or all parties involved in this transaction.”

   1 later decision quote this exact passage · from the dissent
   e.g. Larsen v. Carlene Langford & Associates, Inc.