Court rules in NV home defect case

July 31, 2007

AP

-->

Posted: 7/31/2007

STORY CHAT(read or post comments)

var emailfriendlink =

s%20in%20NV%20home%20defect%20case & location=http://news.rgj.com%2Fapps%2Fpbcs.dl\

l%2Farticle%3FAID%3D%2F20070731%2FNEWS18%2F70731047%2F1002%2FNEWS';

S

Nevada homeowners by law must list home defects when they put their residences

up for sale — but the state Supreme Court says they can’t be penalized if they

didn’t know about a deficiency.

The high court made that distinction in overturning a $279,549 judgment against

Judy , who in 2002 sold a Mount ton cabin to Heer.

Heer argued that had failed to disclose prior damage from a 1998 water

pipe break that flooded the cabin and may have caused increased amounts of mold.

After the purchase, Heer hired an inspector who found an elevated level of mold

in a guest bedroom. After Heer sued on grounds that failed to disclose

the defect, a County District Court jury awarded him $245,549 for breach

of contract, $24,000 for intentional misrepresentation and $10,000 for breach of

good faith.

insisted she had no knowledge of the increased mold, and the Supreme

Court agreed that under those circumstances a seller should not be held

financially liable.

“A seller of residential property has a duty to disclose only those conditions

that materially and adversely affect the value or use of the property, and (of)

which the seller is aware,” the court said in a July 26 ruling

---------------------------------

Choose the right car based on your needs. Check out Autos new Car Finder

tool.

Recommended Posts