Lawsuit in Connection with a Fradulent Residential Real Estate Purchase
Dec 03, 2013OUTCOME: Judgment for $250,000.00 against real estate agent for fraud, negligent misrepresentation, negligence and breach of fiduciary duty.
Clients purchased home from seller while represented by real estate agent. Seller had purchased home that was contaminated by mold and hired someone off of Craig's list to repair without performing an ... y mold remediation. None of this was disclosed save an except a disclosure that a leak occurred in the home. Clients wanted a mold test and their agent advised them a Home Depot Do-It-Yourself mold test performed by the seller was sufficient. The agent never warned the clients that they should have a state licensed mold assessor perform the test rather than relying on this questionable mold test. Instead, real estate agent advised and encouraged clients to close on the home despite no confirming documentation that this mold test produced no mold growth. After closing, clients discovered the home was contaminated with mold from the second floor to the first. Clients sued seller and the clients' real estate agent for fraud, deceptive trade practices, negligent misrepresentation, negligence and breach of fiduciary duty. Prior to trial, seller settled for six figures but real estate agent only offered $10,000 pre-trial.