What is Caveat Emptor?

Caveat emptor is a Latin phrase that can be roughly translated in English to "let the buyer beware." While the phrase is sometimes used as a proverb in English, it is also sometimes used in legal contracts as a type of disclaimer. In many jurisdictions, it is the contract law principle that places the onus on the buyer to perform due diligence before making a purchase.

The term is commonly used in real property transactions–as it relates to the sale of real estate property after the date of closing–but it also applies to the transactions of other types of goods, such as cars.

The inclusion of a caveat emptor disclaimer is intended to resolve disputes arising from information asymmetry, a situation in which the seller has more information than the buyer about the quality of a good or service. For example, if Hasan wants to buy a car from Allison–under the caveat emptor principle–he is responsible for gathering the necessary information to make an informed purchase. In order to gather this information, Hassan may decide to ask Allison how many miles the car has on it, whether any major components need to be replaced, whether it's been serviced regularly, etc.

If he buys the car for the asking price and makes little or no effort to assess its true value, and the car subsequently breaks down, Allison is not technically liable for damages under the principle of caveat emptor. 

In practice, there are many exceptions to this principle. For example, if Allison lied about the car's mileage or maintenance needs, she would have committed fraud, and Hasan would, in theory, be entitled to damages.

Market forces act to reduce the applicability of caveat emptor in some cases. Warranties are guarantees of quality or satisfaction that sellers issue voluntarily to buyers; if the sellers provide a quality product, they will not need to provide refunds or replacements very often, and buyers will be inclined to choose these vendors based on a perception of quality. 

Governments also push back against the principle of caveat emptor in order to protect consumers' interests. 

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