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Lots of families bury their pets in their backyard during their time living at a house. Often burials are shallow because it's difficult for the average person to dig deep graves.

At some point, the house will be sold. When it is, is it necessary to disclose the buried pets in some fashion?

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j03y_
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1 Answers1

1

There is no automatic legal obligation to disclose that pets have been buried on a property. Therefore, this issue instead hinges on the broader issue in contract law of misrepresentation to induce someone into signing a contract.

The seller cannot lie or be negligent in any statements to the buyer

Let's first look at what happens if the seller discusses the issue with the buyer but does not mention the burial:

  • If a seller deliberately lies to ensure the sale, this amounts to fraudulent misrepresentation (Derry v Peek (1889))
  • If a seller negligently lies (eg has reason to doubt their belief that there hasn't been a burial), then this amounts to non-fraudulent misrepresentation (Hedley Byrne & Co v Heller [1964])
  • If the seller does not know of any pet burial and cannot reasonably be expected to know, then the seller may answer to the best of their knowledge and will not be held liable if they are wrong

The seller does not have to mention this if they aren't asked

Your question is more likely concerned with what happens if the seller is silent on the issue, despite their knowledge that there has been a pet burial. In that case, the general rule is that on its own silence cannot amount to a misrepresentation (Hamilton and Others v Allied Domecq plc [2007]). There are four recognised exceptions to this rule:

  1. "fiduciary relationships" – this is not applicable to your question as the relationship here would be contractual, not fiduciary.
  2. "contracts of the utmost good faith" – this is also not applicable. Under the doctrine of caveat emptor ("buyer beware"), the onus is on the buyer to make inquiries.
  3. "half-truths" – this could apply, however, there is not enough information on the facts of your question alone. For example: if the buyer asks about any pets buried on the property, the seller cannot mention "one dog" but omit the burial of two cats. While "one dog" is not a lie, it would be a half-truth.
  4. "changes of circumstances" – as above, this doesn't apply on the facts you have given, although it could with more information. For example: if the buyer asks about the issue earlier and the seller later discovers new information or if a pet is buried after the buyer's inquiry, they must disclose this to the buyer.

In summary: None of the above points apply to the question as it has been asked. Although, with more specific facts, points 3 and 4 may apply.

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