This article posted on our partner site Mondaq.com delves into different ways parties can deal with misrepresentation or breach of warranty, including a controversial tactic involving the use of “sandbagging provisions” wherein a purchaser may remain silent after discovering a misrepresentation, and pursue a claim in court after closing the deal. The effects of such knowledge, how parties can define what constitutes knowledge, and how they can address sandbagging are dealt with in some detail by the author.

 

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