Mitchell v. Christensen
In Mitchell v. Christensen, 2001 UT 80, 31 P.3d 572, the plaintiffs alleged that at the time of their purchase of the defendants' home:
(1) a swimming pool on the property was leaking;
(2) the defendants were aware of the leak;
(3) the defendants had a legal duty to disclose these defects prior to selling their property to the plaintiffs, which they failed to do.
The defendants defended that they had no duty to disclose defects under the doctrine of caveat emptor.
The Court held that sellers of real property owe a duty to disclose material known defects that cannot be discovered by a reasonable inspection by an ordinary prudent buyer. Id.