Kirsten (“Kit”) Hansen Obtains Summary Judgment On Seller’s Disclosure Issue

Homeowners disclosed leakage in their basement in two separate seller’s disclosure statements, including their opinions as to the cause of the leakage and attempts made to resolve the issue. The purchasers admitted that they received the disclosures and had three separate inspections of the home. After the sale of the home, the basement flooded after a sustained rainfall, resulting in the back wall of the basement allegedly cracking. Purchasers admitted that they knew about the cracks and leakage, and admitted that they had their own inspections, but alleged that the disclosures required a more detailed disclosure of the leakage issues. The Court granted summary judgment for the homeowners/sellers, finding that the issues with the home were disclosed to the best of the seller’s knowledge and that the purchasers could not claim that they relied upon the seller’s disclosures when they had their own inspections. Moreover, the Court rejected the purchasers’ claims that the claim fell under the consumer fraud act (CFA), finding that the sale of the home, even if listed on a public listing service, was an inherently private transaction.