Lat. 'buyer beware.' This rule used to generally apply to all sales, especially between individuals. It gives the buyer full responsibility for determining the quality of the goods in question. The seller generally has no duty to offer warranties or to disclose defects in the goods.This concept has been modified by various state and federal laws as well as principles such as consumer protection and disclosure statutes and implied warranties - i.e., of use, safety, etc. However, such things may provide incentive and redress, but not full protection against miscreants, so it is best to always be cautious.Let the purchaser take heed; that is, let him see to it that the title he is buying is good. This was/is a rule of the common law applicable to the sale and purchase of lands and other real estate. If the purchaser pay the consideration money he cannot, as a general rule in every case, recover it back after the deed has been executed; except in cases of fraud, or by force of some covenant in the deed which has been broken. The purchaser, if he fears a defect of title, has it in his power to protect himself by proper covenants and if he fails to do so the law provides for him no remedy.This rule was severely assailed as being the instrument of falsehood and fraud; but it was too well established to be disregarded and is still operative in many situations.
In Donald C. MacPherson, Respondent, v. Buick Motor Company, Appellant.
217 N.Y. 382 (1916) [pp. 382-401] court sayd that ---- If the nature of a finished product placed on the market by a manufacturer to be used without inspection by his customers is such that it is reasonably certain to place life and limb in peril if the product is negligently made, it is then a thing of danger. Its nature gives warning of the consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. This principle is limited to poisons, explosives and things of like nature, which in their normal operation are implements of destruction.
Md. Shahnewaz Zwaki Advocate Judge Court, Dhaka, Bangladesh.