Client's win against claim that they sold home without disclosing termite infestation
Jan 01, 2011OUTCOME: Dismissal and monetary sanctions granted in favor of clients
Plaintiffs sued Clients to rescind the $152,000 purchase of their home. Clients sold the home in good faith to Plaintiffs during the summer of 2009. Previously, clients purchased the home in 2004 and ... made extensive repairs and renovations to the home during the five years that they owned it. Defendants completed in good faith a seller’s disclosure form at the time that Plaintiffs purchased the home. After Plaintiffs purchased and moved into the home, Plaintiffs alleged that they discovered an infestation of termites and also alleged that they had problems with the roof leaking and problems with the siding on the home. On behalf of Clients, our office filed a motion for summary disposition, arguing Clients were not aware of any of these issues at the time of closing. Based on the briefs and oral argument, the Court dismissed the case, holding Plaintiffs had no evidence that Clients unlawfully and purposefully concealed any of the alleged defects from Plaintiffs.
