What wording will the buyer suggest about the qualification of warranties?
Why will the seller resist this?
Is such a clause legally effective?
That they will only be qualified by matters "fully, fairly and specifically disclosed" and regardless of actual or constructive knowledge.
The seller will often reject this as the common law duty of disclosure is already high and they will not wish to meet a higher standard.
Eurocopy suggests that where the buyer has actual knowlege the buyer may not be able to rely on such a clause (this is a preliminary ruling).
Infiniteland suggests that the buyer could not rely on such a clause to counter a defence by the seller. However, obiter, contstructive/imputed knowledge would not prevent the buyer from relying on such a provision which only included actual knowledge.
Even if a claim was allowed, where the buyer had knowledge, the damages are likely to be reduced. The buyer should therefore seek specific indemnification from the seller +/reduction in sale price.