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Monday, October 31, 2005
Ind. Decisions - Hendricks Superior Court jury finds seller failed to disclose water damage
The Indianapolis Star reports today:
A Plainfield family has won a lawsuit claiming the seller of its house failed to disclose a mold problem.A Hendricks Superior Court jury last week awarded $350,000 to Brian and Ronda Colee. The award was more than the $327,000 they sought for costs of gutting and rebuilding the house, attorney fees and emotional distress. * * *
In the suit, Salesman [the Seller] was accused of fraud and deception by signing a real estate seller's disclosure form declaring the house was free of mold or any other problems or hazards. The Colees relied upon that statement, which state law requires of the sellers of all real estate.
"The implication for all sellers is to be honest. This form is a statement about the condition of the home and it is under oath. The courts have found that a seller who makes false statements is liable to a buyer who is damaged," Harrington said. * * *
According to testimony in the two-day trial, two previous owners of the 1,400-square-foot Plainfield ranch home had experienced problems with water leaking into the basement and mold growing on upstairs walls during the 1980s and 1990s.
Posted by Marcia Oddi on October 31, 2005 06:50 AM
Posted to Ind. Trial Ct. Decisions