Berard v. Schertz, 2007 AP 2131
N/AOUTCOME: Appeal Overturns Summary Judgment
Favorable legal holdings 1. An amendment that includes both an agreement to buy as-is, without warranties, and a reaffirmation of the owners real estate condition report provides warranty of the ow ... ners' awareness of defects. 2. An owners real estate condition report distributed to a prospective buyer is an advertisement subject to Wisconsin's False Advertising statute. 3. The economic loss doctrine which prevents claims for common law misrepresentation does not bar a statutory claims for false advertising or theft by fraud.
