Parma, OH
Real estate Lawyer at Parma, OH
Practice Areas: Real Estate, Contracts & Agreements ... +5 more
OUTCOME: Summary judgment awarded to defendant.
READ THE OPINION GRANTING SUMMARY JUDGMENT: https://efiling.cp.cuyahogacounty.us/i_DisplayDoc.aspx?i=_UwUuuJHxUWNFQi4jjC0G0aaTI3IKQoCS_xlIl3byrzmSTjhvNt-cC5NiPMguakjndZ2b5F9BVIecvuZy2DtRzmyDKDeidZ60&id ... =xPOy72g1pnL5CEC3iovjnw2&nID=Y7-Jc-pn7pI1
OUTCOME: Summary Judgment for Defendant affirmed 3-0 on appeal
A home buyer sued the sellers seeking damages for supposedly hidden defects relating to water and moisture damage of which the buyer said he was unaware. The buyer claimed the defects were not ascerta ... inable by him prior to the purchase, in spite of an inspection, that the sellers' residential disclosure form was fraudulent or misleading, and that had he been made aware of the problems, he would not have purchased the home. However, the buyer's inspection had revealed potential moisture and water damage. Additionally, the purchase agreement included an "as-is" or caveat emptor (i.e. buyer beware) provision. These facts cut against the buyer's arguments, so summary judgment was granted to the sellers. The buyer appealed the decision but the 11th District Court of Appeals upheld the decision in a 3-0 decision. Throughout both the lower decision and the appeal, Nathan and his former law firm represented the sellers and was successful in obtaining judgement and a subsequent affirmation in favor of the sellers. READ THE OPINION: https://www.supremecourt.ohio.gov/rod/docs/pdf/11/2015/2015-Ohio-5345.pdf DISCLAIMER: Please note this description is a limited explanation of the cited case and its relevant facts, and in no way guarantees, predicts, or even suggests that a similar outcome or the same results could be obtained for any other person in similar matters. This description cannot be relied upon as legal counsel or advice, or applied to any other inquiry or set of facts.
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