What does "diminution in value" refer to in a breach of warranty context?

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"Diminution in value" in the context of a breach of warranty refers to the market worth of the property after a defect has been discovered. This term is often used to assess the impact of issues such as defects or other liabilities that affect the property’s worth. When a warranty is breached, such as when the seller fails to disclose a significant defect, the reduction in the property's market value helps quantify the loss to the buyer. This valuation considers how the defect has altered the property’s standing in the market compared to its original condition or expected value.

In this context, focusing on the specifics of the defective aspect and its consequential impact on market value allows for a clearer understanding of how much financial loss the buyer can claim. This reinforces the principle of making one whole after a warranty breach by compensating for the decrease in the property's current worth.

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