Buyer Beware principle upheld in real estate broker liablily case.

Even in the 21st Century, the old rules apply - buyer beware. That was the principle applied by a New York State Supreme Court Judge when he ruled that three Long Island real estate agents were not liable for selling a house across the street from a convicted pedophile.

Michael A. Ciaffa of the Mineola law firm Meyer, Suozzi, English & Klein defended the three agents, and said "Any other ruling would have brought chaos to the real estate market, making brokers responsible for canvassing neighborhoods for everything from criminals to pollution, or risk being sued."

The Judge, Bruce D. Alpert, citing precedent, said "New York adheres to the doc trine of caveat emptor and imposes no duty upon the vendor to disclose, any information concerning the premises, unless there is some conduct on the part of the seller which constitutes 'active concealment.'"

Barbara Mazzitelli, speaking for her codefendants, Davidine LeBoyer and Natalya Skvirsky, said they "concealed nothing, and are relieved and gratified, not only that the Judge dismissed the case, but to not be obligated in the future to be responsible for more than-the house they were selling."

A Baldwin couple seeking $15 million in damages, claiming they were never told that a convicted sex offender lived on the same Stark Place street where they purchased their home, filed the case.

Ciaffa said, "Finding out if a sex offender is potentially your neighbor is an important issue, but as Judge Alpert properly ruled, prospective homeowners should expect to get that information from the local police, or other sources, and not from a real estate agent."

The Judge's ruling was signed and mailed January 7th.