Shree Ganesh, LLC v. Weston Logan, Inc., 2021 UT 21 (June 17, 2021)

The Utah Supreme Court clarified the common-law duty owed by sellers of real property to “fairly and accurately” disclose “the material elements of property sold when such elements are not easily ascertainable by the buyer and materially affect the value of the property.” The court explained that “a ‘material element’ of property is not limited to physical defects or conditions on the land,” but “encompasses any matter or information that would have been an important factor in the buyer’s decision to purchase the real estate.”