House Rocks, Home Seller Rolls to Defense Verdict and Attorney Fee Award on Fraud Claim
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
Disclaimer: The materials on this website are provided for informational purposes only. They do not constitute legal advice nor do they necessarily reflect the opinions of Mulliken Weiner Berg & Jolivet P.C. or any of its attorneys or clients. There is no implicit guarantee that this information is correct, complete, or up to date.
This website is not intended to create an attorney-client relationship between you and Mulliken Weiner Berg & Jolivet P.C. You should not act or rely on any information in this website without seeking the advice of an attorney.
Please be advised that any response to this web page does not create an attorney-client relationship and, therefore, no attorney-client privilege is attached by this communication. Furthermore, any information you transmit to us will not be treated as confidential. Please do not send us any information regarding any current or potential legal matter(s) absent a written statement confirming our engagement by you as your legal counsel.
In some jurisdictions, this website may be considered advertising. The hiring of a lawyer is an important decision that should not be based solely upon written information about qualifications and experience. Mulliken Weiner Berg & Jolivet P.C. has made every effort to comply with all known legal and ethical requirements in providing this website. We do not desire to represent clients based upon their review of any portions of this website that do not comply with legal or ethical requirements in your jurisdiction.
This site may contain hyperlinks to websites operated by parties independent from Mulliken Weiner Berg & Jolivet P.C. Such hyperlinks are provided for your reference only. Mulliken Weiner Berg & Jolivet P.C. does not control such websites and is not responsible for their content. Mulliken Weiner Berg & Jolivet P.C.'s inclusion of hyperlinks to such websites does not imply any endorsement of the materials on such websites or any association with their content. Your access and use of such sites, including information, material, products, and services therein, shall be solely at your own risk.
Nothing contained in this website is intended to compare our services to the services of any other law firm or lawyer or to imply specialization or certification by any organization not previously approved by the Colorado State Bar Board of Legal Specialization.
The Mulliken Weiner Berg & Jolivet P.C. law firm is responsible for the content of this website and our principal office is located at 102 S. Tejon, Suite 900, Colorado Springs, CO.