After a two day trial, the court entered a defense verdict for a home seller on a fraudulent misrepresentation claim arising out of the sale of a high-end home in the Broadmoor area. The seller was represented by Karl Berg. The home had experienced significant structural movement ten or more years ago which the seller had repaired at considerable expense.
Although the prior damage and repairs were disclosed as part of the sale, shortly after the purchasers moved into the home, the home began to show signs of significant structural movement which led the purchasers to conclude the seller had misrepresented the condition of the home. In the end, it turned out that a new radon system, which the purchasers required the seller install prior to the closing, was the cause of the new damage to the home.
Aside from being stuck with a $75,000 repair bill and their own attorney’s fees, the purchasers were also ordered to pay the seller over $30,000 in attorney’s fees pursuant to the parties’ contract
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