Ind. Jurors Award Homeowners $350,000 For Deception By Sellers

[Guest guest]

November 25, 2005

http://www.imakenews.com/pureaircontrols/e_article000491764.cfm?

x=b6byr7D,bvtv58G

Ind. Jurors Award Homeowners $350,000 For Deception By Sellers

by Publishing

DANVILLE, Ind. – An Indiana Superior Court jury Oct. 27 awarded four

members of local family $350,000 on fraud and deception claims the

family brought against the former owner of their home. Colee v.

Salesman, No. 32D02-0503-PL-16, Ind. Super. Ct., Hendricks Cty.).

Ronda and Colee alleged that the late Carl L. Salesman

misrepresented the condition of a house they purchased in 2001. The

Colees claimed that Salesman declined to list hazardous mold

conditions and basement water problems in a mandatory real estate

disclosure form, and that mold problems surfaced within months of

the purchase.

The Colees say the mold caused respiratory problems in their

children, , 12 and , 16, and led to the family's

relocation while they spent approximately $65,000 in renovations.

Salesman denied the allegations when they were made. He died in

February 2004, and the case continued against his estate.

Trial was held before Superior Judge and a six-member

jury.

At trial, the Colees relied on testimony from former owners of the

home, who testified that mold existed in the 1980s and 1990s, and

neighbors who say they noticed that Salesman would leave windows

open and run the air conditioning during the daytime hours shortly

after purchasing the home.

The Colees maintained that Salesman was attempting to eliminate

moldy odors from the house. The family also alleged that Salesman

put the house on the market only a month after purchasing it and

never lived in the home, despite his assertions to the contrary.

The Colees' only expert at trial was Schmeler, president of

the Corporation for Environmental Management, who testified on

environmental issues.

The Estate of Carl Salesman did not call any expert witnesses, but

maintained that the house did not show signs of mold during the time

Salesman owned it, and the Colees should have had the home inspected

prior to purchase.

The Colees asked the jury for $327,000 in damages: $31,000 in out-of-

pocket expenses for repairs, $34,000 in attorney's fees, and $50,000

in emotional distress damages for each family member. A portion of

their repair costs, $35,000, was paid with a grant from the U.S.

Department of Housing and Urban Development, according to counsel.

The Colees are represented by O. Harrington of Danville, Ind.

M. Jr. of Danville represents the Estate of Carl L.

Salesman.

# # #

Pure Air Control Services, Inc.

1-800-422-7873